Oral
Answers to
Questions

WALES

The Secretary of State was asked—

Care Placement of Young People

Madeleine Moon: What discussions he has had with the Welsh Government on the placement of young people from England in private sector care homes in Wales.

Alun Cairns: The Government are clear that the needs of the child are paramount when making decisions about the right care placement. The specific issue the hon. Lady refers to has not been raised with me directly by the Welsh Government.

Madeleine Moon: More than 300 children from England are placed across Wales, often in small Welsh villages. Problems are experienced by some police forces and local authorities about early notification of vulnerable children being placed there who may be seduced into county lines, grooming operations and generally be vulnerable in isolation. Will the Secretary of State share my concern and raise it with the Welsh Assembly Government?

Alun Cairns: The hon. Lady clearly raises a very important point and is passionate about the subject. The most appropriate and suitable setting should always be the overriding factor in deciding the best placement for a child, but planning policy and approval from care inspectors should also be considerations, and, naturally, the police should be part of that process. I will happily raise the matter with the Welsh Government.

Fiona Bruce: Does the Minister share my view that it is crucial that there are enough foster parents with the right skills in the right areas to care for children and meet their diverse needs? Would not a collaborative approach between local authorities be helpful in that respect?

Alun Cairns: My hon. Friend raises an important point. The appropriate setting has to be the overriding factor at all stages, but, of course, not all local authorities can offer appropriate settings for some complex needs that different children will have. Co-operation between authorities is always helpful and it is something that we want to encourage.

Liz Saville-Roberts: Plaid Cymru’s North Wales police and crime commissioner has long warned that, post Brexit, criminals will use the common travel area to gain access to the UK. This warning has been reaffirmed today in a National Audit Office report. Will the Secretary of State tell me what provision he is making personally to protect Wales from becoming both the highway and the victim of international organised crime?

Alun Cairns: I am grateful to the hon. Lady for the question, but I am not sure where Brexit is linked with this. Clearly, there is freedom of movement across the European Union and the common travel area—those positions will still be in place, particularly in relation to the common travel area. I do not think that this is about where the children originate from, because, clearly, there are Welsh children being sited appropriately in England as well. We have to have as an overriding factor the most appropriate setting and it is important that the authorities co-operate wherever the regulations come from.

Liz Saville-Roberts: It is no secret that the Secretary of State does not speak as Wales’s voice in Westminster on Brexit. He has, in fact, poured scorn on the efforts of others who seek to make representations for Wales in Brussels. He may be aware that, together with other sensible Opposition leaders in this place, I am meeting Michel Barnier tomorrow, and I will do my duty to represent my country. Does he have any Wales-specific priorities that he would like me to raise with the EU Brexit negotiator-in-chief, or would that be against England’s interest?

John Bercow: In relation to private sector care homes?

Alun Cairns: The hon. Lady talks about meeting Michel Barnier tomorrow with other colleagues, but I hope that she will stand shoulder to shoulder with the Prime Minister who is acting in the UK’s interest rather than in any local national interest.

Bob Blackman: Returning to the subject, what changes does my right hon. Friend propose in terms of inspection of care homes to ensure that children are safe in those care homes?

Alun Cairns: My hon. Friend raises an important point. The social care innovation programme plans to change the laws in England so that local authorities have to promote the physical and mental health of looked-after children, and this would be a major step forward in this area of policy.

Leaving the EU: Aerospace Sector

Ian Lucas: What representations he has received from the aerospace sector in Wales on the priorities for that sector when negotiating the terms of the UK’s exit from the EU.

Mims Davies: The UK, and specifically Wales, is home to a world-class aerospace industry. I have regular meetings with the aerospace sector and met Airbus last month in north Wales as part of my engagement with the CBI. It  is a top priority to continue to create and maintain the right conditions post Brexit for this growing international sector to thrive.

Ian Lucas: First, I welcome the Minister to her post. In June, Airbus said that a no deal Brexit would severely undermine
“UK efforts to keep a competitive and innovative aerospace industry.”
It concluded that it would be “catastrophic” to have a UK Brexit. Does the Minister agree?

Mims Davies: As I have said, the aerospace sector in north Wales is absolutely vital. Airbus has been making those statements through conversations with those involved with the north Wales growth deal. I know, having met the hon. Gentleman last week, that a thriving sector, and the skills associated with it, are absolutely vital. The F-35 avionics global repair hub shows that this is a sector in which we are world-leading, and the UK Government in Wales will continue to support it.

David Jones: My hon. Friend is quite right to mention the importance of the proposed north Wales growth deal to the aerospace industry in north Wales. Can she say when the Government are likely to make a substantive announcement about that deal?

Mims Davies: I thank my right hon. Friend for his long-standing commitment to the north Wales growth deal, and for pushing for action and progress in this area. There are some very positive movements, and we hope to make real progress. We need a further update from the Welsh Government, and there will be key meetings later this week.

Jessica Morden: Airbus employs many of my constituents in Newport and Filton. Close collaboration between the Civil Aviation Authority and the European Aviation Safety Agency is vital to this industry. What are the Government doing to safeguard that?

Mims Davies: The hon. Lady is absolutely right to highlight the jobs and opportunities around the avionics sector in Wales. We are aware of the benefits of collaboration, and seek that as part of the overall deal. It is something that Switzerland—a non-EU member—enjoys, and we will continue to look for it as part of our overall deal.

Antoinette Sandbach: Airbus employs a number of constituents in Eddisbury. Can the Minister confirm the Government’s commitment to striking a deal that provides for frictionless trade in this sector?

Mims Davies: I thank my hon. Friend for highlighting how important this sector is in her constituency. As an assiduous constituency Member, she raises the challenges ahead, but a good deal that works to support jobs in the supply chain is absolutely the primary focus of discussions, and a pragmatic, frictionless deal is what the Government are working for.

Christina Rees: With your indulgence, Mr Speaker, may I congratulate Louise Magee, general secretary of Welsh Labour, and her partner Luke Holland, who have had a beautiful baby  girl, Catherine Ivy, who is to be known as Kitty? Mother and baby are doing fine, and Luke is coping well, I understand.
I welcome the Minister to her place. The Welsh Government have pledged £3 million to support Airbus in preparing for Brexit. ADS, the national trade association that represents aerospace companies, has urged the Chancellor to ensure that there is enough financial liquidity for companies such as Airbus, which rely on just-in-time European supply chains. What are the Minister’s priorities for the Welsh aerospace sector?

Mims Davies: I thank the hon. Lady for her question. As I have said in my previous answers, Wales has a deep-rooted, world-leading aerospace sector, and the Government understand that. There has been cross-Government engagement with all key stakeholders to support it. Frictionless trade and supporting the sector are absolutely vital, and we are ready to work and step up to that challenge.

Christina Rees: That may well be, but the Government’s Brexit advice paper suggests that companies such as Airbus may move their headquarters to an EU member state in the event of no deal, which would be absolutely catastrophic for our Welsh economy. Does the Minister agree with her Prime Minister that no deal is better than a bad deal, as far as Wales is concerned?

Mims Davies: The UK Government in Wales are not complacent about the challenges of all scenarios. They are working extremely hard to make sure that all the opportunities are there in any deal, and are working to make sure that the sector thrives. That is vital to the Secretary of State, and to the UK Government. We will continue to stand by the Prime Minister in getting that frictionless deal.

UK Shared Prosperity Fund

Alan Brown: What representations he has received from the Welsh Government on the design of the UK Shared Prosperity Fund.

Martyn Day: What representations he has received from the Welsh Government on the design of the UK Shared Prosperity Fund.

Tommy Sheppard: What representations he has received from the Welsh Government on the design of the UK Shared Prosperity Fund.

Alun Cairns: The UK’s exit from the European Union provides us with an opportunity to reconsider how funding for growth across the UK is designed and delivered. In our manifesto, we committed to engaging with the Welsh Government on the UK Shared Prosperity Fund, and that work is under way.

Alan Brown: At the moment, the so-called opportunity of the UK Shared Prosperity Fund falls within the remit of the Ministry of Housing, Communities and Local Government, a Department wholly devolved to  England. It therefore does not understand the needs of the devolved nations and is bound to put the needs of England before those of the devolved nations. Does the Secretary of State agree that the devolved nations should have control?

Alun Cairns: The answer is in the title—it is the UK Shared Prosperity Fund and, therefore, joint work is taking place across Government. As the hon. Gentleman would expect, I have shown a strong interest in it, as have my right hon. Friends the Secretary of State for Scotland and the Secretary of State for Northern Ireland. Clearly, we are keen to work together.

Martyn Day: The retention of the UK Shared Prosperity Fund at Westminster undermines the devolution of economic development. Does the Secretary of State not see that his Government’s refusal to give the fund to devolved Governments is yet another power grab?

Alun Cairns: I certainly do not accept the basis of the hon. Gentleman’s question in relation to a power grab, because the Welsh Government supported the European Union (Withdrawal) Act 2018, which demonstrates that his assertion does not stack up. On EU aid and how it has been spent in Wales, more than £4 billion has been spent over 17 years and west Wales and the valleys remains the poorest part of the United Kingdom. The development of the UK Shared Prosperity Fund is a great opportunity to reshape something that suits local communities and businesses far better and more efficiently.

Tommy Sheppard: This is a shambles. Over a year ago, the Secretary of State boasted of an efficient and responsive UK Shared Prosperity Fund, but today he admits that the Government have not even started the consultation on it. With months to go before the Brexit catastrophe, what guarantees do we have that there will be any fund fit for purpose for Wales or the other nations of the United Kingdom?

Alun Cairns: The hon. Gentleman is highly selective in his references. He fails to recognise that my right hon. Friend the Chancellor of the Exchequer has agreed to guarantee the funding for the existing programme until 2020. That gives us the opportunity to design a UK Shared Prosperity Fund with appropriate consultation with the devolved Administrations, as well as with businesses and local authorities, and we are ready for immediate discussions before the consultation.

Stephen Crabb: In the past, too much EU funding was wasted in Wales on low-impact projects that did not help to close the economic gap. Can my right hon. Friend assure the House that the prosperity fund will not just repeat the mistakes of the past, but will be used in high impact projects to renew the Welsh economy?

Alun Cairns: My right hon. Friend makes an excellent point and obviously speaks with experience. He will remember the £38 million Technium project that built nine office spaces across Wales with the support of EU aid, six of which closed after nine years because they were unsustainable. That demonstrates the waste that was in the system: we can design a much better system for local businesses.

Rebecca Pow: This is my first ever Welsh question, and I came because I want to welcome the Under-Secretary of State for Wales, my hon. Friend the Member for Eastleigh (Mims Davies) to her position and wish her well.
Does my right hon. Friend agree that the UK Shared Prosperity Fund, which should benefit the south-west and Wales, provides us with an opportunity to break away from the complex and restrictive processes that characterise the EU structural funding scheme?

Alun Cairns: I thank my hon. Friend for her question. She will recognise that the current rules on EU funding exclude some areas that should qualify because they have wards that are among the most deprived in the UK. We can design a UK fund that is more appropriate for and responsive to those local communities.

Mark Harper: What opportunities does the UK Shared Prosperity Fund provide for making sure that the money is spent on our priorities in all four constituent parts of our United Kingdom?

Alun Cairns: My right hon. Friend makes an important point, and he will recognise the benefits of co-operating on a cross-border basis. The UK Shared Prosperity Fund could give us an opportunity to consider how that can work imaginatively—although obviously I do not want to pre-empt any consultation.

Nick Smith: rose—

John Bercow: It is always a pleasure to hear the dulcet tones of the hon. Gentleman, but I said “Owen” rather than “Nick”.

Owen Smith: Long may it continue.
In the first spending period after Brexit, will Wales receive more money or less than it would have received under EU structural funds?

Alun Cairns: The hon. Gentleman is tempting me to pre-empt the Chancellor’s comprehensive spending review and Budgets that will come within that period. It is wholly inappropriate for me to respond on that basis, and much will depend on the detail of the nature of the deal we get with the European Union.

Chris Ruane: Businesses and community organisations across Wales are alarmed at how little detail has been provided about the Shared Prosperity Fund. They are doubly concerned that the consultation that has been promised by the end of this year has not even started. Will the Secretary of State at long last provide a date for this consultation and, if he cannot, may we at the very least have a date on which we can have that date?

Alun Cairns: The hon. Gentleman will be aware that we will consult on the UK Shared Prosperity Fund very soon. I am sure that even he will agree that the existing programme has not gained the greatest value for money, as he will also be aware that the then first Minister, Rhodri Morgan, said that it was a once-in-a-lifetime opportunity and we are now on our third round of EU funding. There must be a better way.

Non-funded Pension Schemes

Ben Lake: What assessment he has made of the implications for public authorities in Wales of the Treasury’s draft valuation directions for non-funded pension schemes.

Mims Davies: The valuations indicate that the amount employers pay towards the schemes will need to increase, and details will be finalised when the valuations are completed early next year. Treasury has committed to support the Welsh Government with additional funding in accordance with the statement of funding policy.

Ben Lake: The 2016 actuarial valuations will have an unprecedented impact on the constrained resources of local authorities, teaching institutions, the fire service and police forces in Wales if UK Government funding is not forthcoming. Will the Minister confirm that this funding will be forthcoming from the Treasury to the Welsh Government?

Mims Davies: The hon. Gentleman raises this concern on behalf of his constituents, and it is correct that some increases in costs were predicted in the 2016 Budget. We will of course apply the principles set out in the statement of funding policy in determining any additional funding for the devolved Administration, and continue to do what is right for Wales.

Eddie Hughes: On the Minister’s first outing at the Dispatch Box, will she join me in welcoming the additional funding given to the Welsh Government to fund teachers’ pay rises in Wales?

John Bercow: Order. This is about non-funded pension schemes, not funding pay rises. It was a nice try, and the hon. Gentleman is a cheeky chappie, but we will leave that one there and come to the other Smith, Nick Smith.

Nick Smith: What is the Minister going to do to protect police numbers, given these financial pressures?

Mims Davies: The hon. Gentleman will know that we have tackled the fiscal challenge that Wales has suffered with for decades. In fact, Wales now benefits from £120 for every £100 spent in England. As I said earlier, we will do what is right for Wales, as we have done in the case of teachers raised by my hon. Friend the Member for Walsall North (Eddie Hughes).

Exports/Foreign Direct Investment

Greg Hands: What discussions he has had with the Secretary of State for International Trade on increasing (a) exports from and (b) foreign direct investment into Wales.

Alun Cairns: Since 2010, Welsh exports have increased by 41%, growing faster than the UK average of 36%. There are a whole host of exporting success stories and it was a privilege to support SureChill and Hydro on the Prime Minister’s recent trade mission to Africa.

Greg Hands: I thank the Secretary of State for that answer. Will he outline what specific measures he is looking at promoting at the forthcoming UK Board of Trade meeting in Swansea to promote trade and investment in both Wales and the wider UK?

Alun Cairns: I thank my right hon. Friend for the work he did at the Department for International Trade and his contribution to the establishment of the UK Board of Trade, which is an excellent innovation. It will be in Swansea in a number of weeks, so we have a great opportunity to highlight and champion to international businesses the best that Wales can offer in terms of exports.

Chris Evans: The Welsh automotive sector is a real success story, but it depends on frictionless trade. What action is the Secretary of State taking to ensure that that continues after Brexit?

Alun Cairns: The hon. Gentleman will be well aware that that is a plan for and determination of our negotiations. That is exactly what we will seek to agree with the European Union. It is in the UK’s interest, it is in the European Union’s interests and my right hon. Friend the Prime Minister is working to that end.

Michael Fabricant: My right hon. Friend will be aware that one of our biggest exports is tourism, and the sector deal still awaits to be made. Will he undertake to speak to the Secretary of State for Business, Energy and Industrial Strategy and the Secretary of State for Digital, Culture, Media and Sport to see whether the sector deal for the UK, and Wales in particular, can be enacted?

Alun Cairns: My hon. Friend, with his great knowledge and interest in Wales, recognises the value of tourism to the Welsh economy, and I meet him regularly. My right hon. and learned Friend the Secretary of State for Digital, Culture, Media and Sport is responsible for delivering on the industrial strategy, but my hon. Friend is right: Lonely Planet named north Wales the fourth top place to visit in the world in its recent report. [Interruption.]

John Bercow: There are a lot of very noisy private conversations taking place, but I want to hear the mellifluous tone of Jonathan Edwards.

Jonathan Edwards: The latest HMRC statistics show a 7% increase in Welsh exports to the EU, worth £643 million, while non-EU exports have fallen. Is it not the reality that trade deals with the US, China and the moon will never replace lost trade with the single market and the customs union?

Alun Cairns: The hon. Gentleman will be aware of the export data that I highlighted—that exports from Wales have grown faster than from other parts of the United Kingdom—and I could cite a range of export opportunities in other parts of the world on which Wales is doing better than other parts of the UK. I am hugely impressed by the renewed interest in the UK by an international audience as a result of our leaving the  European Union—Aston Martin, Qatar Airways and a host of others that I could cite are clear demonstrations of that.

New Prison: South Wales

Gavin Newlands: What recent discussions he has had with the Secretary of State for Justice on the plan to build a new prison in South Wales.

Alun Cairns: This Government are investing in the prison estate—replacing older prisons with high-quality, modern establishments. A new prison in Wales could create up to 500 jobs and contribute £11 million a year to the economy.

Gavin Newlands: Over one third of adults released from prison in Wales go on to reoffend. Considering that the last prison that the Ministry of Justice built in Wales cost £250 million, does the Secretary of State not think that money would be better spent on rehabilitative measures that actually help those who need them—which, alongside a presumption against short sentences, in Scotland has been shown to reduce recidivism rates considerably—rather than on another costly UK Government vanity project?

Alun Cairns: The hon. Gentleman makes an important point, and clearly we would like the population of the prison estate to decline, but of course we also have to keep the community safe, and it is the right thing to do. We need to modernise the estate, and we would like to build a prison in south Wales.

David Davies: Does my right hon. Friend agree that high-quality modern accommodation located as near to prisoners’ homes as possible is a vital part of the rehabilitation process? Will he therefore join me in welcoming this Government’s extra commitment to spending on the prison estate?

Alun Cairns: I am grateful for my hon. Friend’s interest and the expertise that he shows in working with the police on this basis. A new prison would create 500 new jobs. More importantly, it provides for much better outcomes for offenders, in order to help their rehabilitation and keep our communities safe.

Welfare Changes

Marie Rimmer: What recent discussions he has had with Cabinet colleagues on the effect on people in Wales of the UK Government’s recent changes to welfare benefits.

Gerald Jones: What recent discussions he has had with Cabinet colleagues on the effect on people in Wales of the UK Government’s recent changes to welfare benefits.

Mims Davies: Our welfare reforms are incentivising work and supporting working families. The employment rate in Wales is at a record high, and the unemployment rate is at a record low. We will continue to take a test and learn approach, acting on feedback and improving the system as it rolls out.

Marie Rimmer: Why are this Government determined to press ahead with managed migration against the advice of more than 80 disability organisations, the Resolution Foundation and the National Audit Office that they should not do so until the major flaws in the universal credit system are sorted so that it can cope with the higher claimant volumes?

Mims Davies: I thank the hon. Lady for her question, but I dispute its premise. This is a personal, focused benefit, which offers us an opportunity to help people with health conditions, provide tailored support from work coaches, assist with housing costs, and give advances. We are listening and responding during the roll-out. This is a huge change in a complicated system, and we are testing and learning, but above all we are helping people.

Gerald Jones: Universal credit is a shambles. In my constituency, a homeless gentleman was told that phone claims for universal credit were not allowed, and that claims must be online only, although he has no access to IT or a computer. Vulnerability was not considered, and, ironically, the man was even offered a home visit. Will the Minister urge DWP colleagues to reconsider the online system and reintroduce phone claims?

Mims Davies: There is an opportunity to make phone claims. I would be happy to hear about that constituency case, although it is very concerning. This benefit is about ensuring that people are better off in work, and are able to respond in particular circumstances. In the Cwmbran jobcentre, positives are being fed back in terms of adjustments and simplification on the ground. If that is not happening in this gentleman’s case, will the hon. Gentleman please let me know?

Rachel Maclean: Does my hon. Friend agree that it is a shame that Labour Members fail to recognise the transformative effect of universal credit in lifting people out of poverty and getting them back into work? That is in stark contrast to Labour’s approach, which left people trapped on benefits for decades or more.

Mims Davies: My hon. Friend is exactly right about the myriad complex reasons for which people may struggle to get back into work. The reason may involve personal circumstances, it may involve long-term legacy benefits, it may involve skills, or, indeed, it may involve confidence. With this project of universal credit, if we continue to scare people off approaching jobcentres and making use of advice—budgeting advice, and the advice of work coaches—then we will not be listening and learning from the people whom the Labour party has left to fester on legacy benefits, and that will not help anyone.

Robert Courts: rose—

Kevin Foster: rose—

John Bercow: Order. Having consulted his scholarly cranium, the Clerk advises me that, by land, Witney is closer to Wales than Torbay, and upon that basis, I call Mr Robert Courts.

Robert Courts: Thank you very much, Mr Speaker. I, too, welcome the Minister to her post. Does she agree that the Government’s welfare reforms show that people are better off in work, and that it is the best route out of poverty?

Mims Davies: I absolutely agree. From Witney to Torbay, people are getting into work more quickly, staying in work longer and progressing in work, which is very important. We are listening and learning. This is a huge change, but we do not need to row back. Claimants are getting into work and staying in work, and, as we know from the Prime Minister, the route out of poverty is having a job.

PRIME MINISTER

The Prime Minister was asked—

Engagements

Paul Sweeney: If she will list her official engagements for Wednesday 24 October.

Theresa May: It has been announced this morning that Sir Jeremy Heywood is sadly standing down as Cabinet Secretary and head of the civil service to concentrate on his recovery from ill health. Jeremy has been an exemplary public servant for more than three decades, serving with the highest distinction Prime Ministers and Ministers in all parties in the finest traditions of the civil service. As he steps down, he can look back on a contribution to public life that few in our country can match, and I am personally very grateful to him for the support that he has given me as Prime Minister since my first day in No. 10. I am sure that the whole House will join me in offering our very best wishes to Jeremy and his family.
This morning I had meetings with ministerial colleagues and others. In addition to my duties in the House, I shall have further such meetings later today.

Paul Sweeney: Two teenage brothers from my constituency, Somer and Areeb, have lived in Glasgow since the youngest was five years old. They are now naturalised Glaswegians, but they live in constant fear of deportation to a country from which they fled in fear of their lives. Their school friends at Springburn Academy rallied to their cause by launching a petition, which has now been signed by more than 90,000 people, and which was recently presented to the Home Office by the school and the Moderator of the Church of Scotland. However, that action has been met with callous indifference.
When the Leader of the Opposition met the children in August, he was appalled by the lack of compassion shown by the Home Office towards these boys who have been kept in limbo for years. Will the Prime Minister now review the case, and meet the boys to witness at first hand what life is like at the sharp end of this Government’s hostile environment?

Theresa May: Every case in relation to people’s right to stay here in the United Kingdom is looked at extremely carefully, and I will certainly ensure that the Home Office looks again at this case.

David Amess: If music be the food of love, we could certainly do with a lot of music just now. In that regard, will my right hon. Friend join me in welcoming Sir Michael Parkinson having opened the expanded premises of the United Kingdom’s first jazz centre in Southend on Saturday, inspired by Digby Fairweather and displaying wonderful jazz memorabilia and music—and is that not yet another reason why Southend should be declared a city?

Theresa May: I have of course been known to move to a little bit of music myself on occasions. I thank my hon. Friend for highlighting this excellent new centre, and I am extremely pleased that it was opened by my constituent, Sir Michael Parkinson. My hon. Friend might know that culture is one of the key strands of the Government’s GREAT Britain campaign; that is about promoting arts from across the whole of the UK to global audiences. We like to see and support events around the country showcasing the excellent range of performing arts that we have, and I join my hon. Friend in welcoming this new jazz centre—and I note the bid he has put in once again in relation to Southend.

Jeremy Corbyn: I join the Prime Minister in thanking the former head of the civil service Jeremy Heywood for his public service and wishing him well in his recovery. I know from my conversations with him what an impressive, well informed and dedicated public servant he is, and I hope he gets through this difficult condition he is in at the present time.
The Prime Minister says that austerity is over; the Conservative leader of Walsall Council says austerity is alive and kicking. Who is right?

Theresa May: After a decade of austerity people need to know that their hard work has paid off and that, because of their sacrifices, there are better days ahead. We will be setting out our approach in the spending review next year. [Interruption.] What does it mean? I will tell the right hon. Gentleman what it means: it means debt going down as a share of the economy and support for public services going up. Unlike Labour, we will continue to live within our means and we will not go back to square one.

Jeremy Corbyn: This process has not been very convincing to Mike Bird, the Conservative leader of Walsall Council, who says: “Never ever believe what you hear from central government, austerity is not over.” The Prime Minister’s MPs seem to have lost confidence in her, and so have her councillors. Not far away, in Derby, the Conservative council says the financial outlook is “extremely challenging with Government austerity measures confirmed as continuing.” Will the Prime Minister try to cheer up these gloomy Tories in Derby and confirm to them that next week the Budget will cancel the planned £1.3 billion cut for local government next year?

Theresa May: Actually, we are making £1.3 billion more available in the next two years to councils, and I am pleased to say—[Interruption.] I am pleased to say that council tax is down in real terms since under the last Labour Government. If the right hon. Gentleman wants to make statements about what should be in the  Budget, perhaps we ought to look at his past predictions. He said our plans would mean 1 million people losing their jobs. What have we seen? We have seen 3.3 million more people in work. He said our plans would mean Greek levels of youth unemployment. What have we seen? Youth unemployment is at a record low. He will find out next week what is in the Budget, but there is one thing that we know for certain: Labour will still make a mess of the economy.

Jeremy Corbyn: The Prime Minister did not get round to mentioning the record numbers of people on zero-hours contracts; the record levels of in-work poverty, meaning that people who are in work have to access a food bank; or the fact that wages are lower in real terms than they were eight years ago and that her Government have cut 49% from local government since 2010.
Staffordshire police has lost 500 officers. On Sunday, the chief constable, Gareth Morgan, said sorry to his police colleagues and their families as they had to cancel rest days just to maintain the service. He apologised to his officers. Will the Prime Minister apologise to the police as well?

Theresa May: The right hon. Gentleman talks about the police and about what is available for the police. Of course, what we saw at the last election was the Labour party saying that £300 million more should be made available to the police. What we have done is make available £460 million more to the police. If he wants to talk about figures, I have a book here that is edited by the shadow Chancellor. In it, an article by an economic adviser to the Labour party says about its last manifesto that
“the numbers did not add up”—[Interruption.]
I have even got the page marked. It also said that this was “a welcome feature” and “largely irrelevant”. Well, it may be irrelevant to the right hon. Gentleman and the shadow Chancellor, but it is not irrelevant to the people whose taxes go up, whose jobs are lost and whose children have to pay Labour’s debt.

Jeremy Corbyn: Only one party costed its manifesto in the last election, and it was not the Tory party.
For all that the Prime Minister says about the police, the reality is that there are 21,000 fewer police officers than there were eight years ago. She should listen to the chief constable of the West Midlands, who says that criminals are taking advantage of these cuts. He says:
“We are struggling to deliver a service to the public. I think the criminals are well aware now how stretched we are.”
Two weeks ago, the Prime Minister told the house that people on universal credit “will be protected”. The very next day, the Secretary of State for Work and Pensions said that, on universal credit,
“some people will be worse off.”
Which statement is true?

Theresa May: I remind the right hon. Gentleman of what I made clear to the House: those people who are moved through the managed migration process on to universal credit will indeed have, I think, around £3 billion of transitional protection. Let me just tell him what happens under universal credit—

Emily Thornberry: No, no, no. Answer the question!

Theresa May: The shadow Foreign Secretary says “No, no, no.” Labour Members do not want to know what happens in terms of universal credit: 200,000 more people into work, 700,000 people getting the extra money they are entitled to and 1 million disabled households getting more money per month. We are not replicating the old system, because the old system did not work. This is a system that helps people into work and makes sure work pays.

Jeremy Corbyn: The Prime Minister is completely out of touch with the reality of what universal credit is about: £50 per week worse off; weeks waiting for the first payment when people move on to universal credit; people going into debt and losing their homes; and people who are stressed out beyond belief because they cannot make ends meet and have to access a food bank just to feed their children. That is the reality of universal credit.
Eight years of Tory austerity means that there are 40,000 nurse vacancies in the NHS. The number of students applying for nurse training has fallen by over 16,000 since the cut in the nurse bursary. The Prime Minister told us that austerity was over. Will the Government take the necessary step next week in the Budget of restoring the nurse bursary so that those who want to become nurses in our NHS can realise their ambitions?

Theresa May: The right hon. Gentleman mentioned the wait that people experience in order to get their first universal credit payment. We announced in last year’s Budget that we were reducing the period of time that people had to wait for their first payment, and what did the right hon. Gentleman and the Labour party do? They voted against that change.
The right hon. Gentleman said that if austerity is ending, we should be doing more for the national health service. May I remind him that this Government have announced that we will be putting £394 million a week more into the national health service? At the last election, Labour said that, with 2.2% more money going in each year, the NHS would be the envy of the world. I can tell the House that we are not putting 2.2% in. We are not putting 2.5% in and we are not putting 3% in. We are putting an extra 3.4% in, with a long-term plan that will deliver for people up and down this country.

Jeremy Corbyn: Applications for nurse training dropped by 12% in September—that is the reality of taking away the nurse bursary. Those who want to become nurses cannot afford to go into debt in order to do a job that they want to do and that we all need them to do.
This Government are simply not being straight with the public. They promised an end to austerity; they cannot even fool their own councillors. They promised the NHS an extra £20 billion, but we do not know where it is coming from or when it is coming. GP numbers are falling, health visitor numbers are falling and nurse numbers are falling. They promised that universal credit would protect everyone, but the  Work and Pensions Secretary let the cat out of the bag, saying that
“people will be worse off”.
The Prime Minister claimed that she is ending austerity, so will she confirm that next week’s Budget will mean more police on our streets and more nurses in our hospitals, and that elderly people in desperate need of care will not go ignored and forgotten by her Government?

Theresa May: What have we seen under this Government? We have seen more money being made available to the police, more money for the health service, more money for social care, more money going into local authorities, and more money going into our schools. At the end of this Parliament, we will be spending £500 million more in real terms on people of working age and children in our welfare system.
Let us look at what we now know about the Labour party’s alternative. We now see, as reported by a respected academic, that Labour’s plans, by its own admission, would cost £1,000 billion. That is the equivalent of £35,000 for every household in this country. We know what that would mean: higher debt; higher taxes; fewer jobs—Labour just taking us back to square one.

Alex Chalk: Belmont and Betteridge special schools do a fantastic job of educating children with special educational needs in my constituency, but over the past decade they have had to contend with an explosion in pupil complexity—emotional, behavioural and medical. Does the Prime Minister agree that we need a careful examination of what lies behind such seismic changes so that we can deliver the best possible outcomes for all our children for years to come?

Theresa May: I thank my hon. Friend for raising that important issue. It is absolutely vital that such children have the right combination of education, health and care provision to ensure that they have the support that is right for them and that they are able to reach their full potential, just like other children. Our reforms to both SEN provision and disability assistance are key to that. However, my hon. Friend’s question was about research, and the increasing complexity is an important matter. I am pleased to say that the Department for Education has several research projects under way in fields relating to such children and young people, and we are committed to building up a rich body of evidence on both identification and the outcomes of educational experiences. The Department is also scoping new work that will help to lead to our understanding of such issues so that we can ensure that these children get the support that they need.

Ian Blackford: The kidnapping, killing and mutilation of the respected Saudi journalist Jamal Khashoggi has rightly shocked the world. The killing has all the hallmarks of being a premeditated murder. Angela Merkel has announced that her Government will no longer approve new arms sales exports to the Saudi kingdom—that is moral leadership. The UK Government must take decisive action; words of condemnation will not do. Will the Prime Minister finally commit to ending the sale of arms to Saudi Arabia?

Theresa May: It might be helpful if I take this opportunity to update the House on this particular issue. As I told the House on Monday, we condemn the  killing of the journalist Jamal Khashoggi in the strongest possible terms. After his disappearance, we made it clear that Saudi Arabia must co-operate with Turkey and conduct a full and credible investigation. The claim that Mr Khashoggi died in a fight does not amount to a credible explanation, so there remains an urgent need to establish exactly what happened.
The Foreign Secretary, other Foreign Ministers and our ambassador have been making our position very clear to the Saudi Arabians, and I expect to speak to King Salman later today. I can tell the House that no Minister or official is attending the investment conference in Saudi Arabia, and my right hon. Friend the Home Secretary is taking action against all suspects to prevent them from entering the UK. If these individuals currently have visas, those visas will be revoked today.

Ian Blackford: I am afraid that the Prime Minister said nothing about arms sales. Condemnation will not do; it is action that is required.
The Saudi Arabian regime is responsible for multiple human rights violations: critics face death by crucifixion; teenagers are tortured; and women are imprisoned for campaigning for their human rights. The brutal bombardment of Yemen is pushing that country to the brink of famine, and now we have the state-sponsored murder of Jamal Khashoggi. What more evidence of criminality does the Prime Minister need before she fully commits to ending the sale of arms to the brutal regime in Saudi Arabia?

Theresa May: We are concerned about the humanitarian issues in Yemen. We are actually the third largest humanitarian donor to Yemen, where we have provided significant support to millions of men, women and children. I remind the right hon. Gentleman that, yes, we do support the Saudi-led coalition’s military intervention in Yemen, which has been recognised by the United Nations Security Council and came at the request of the legitimate President Hadi.
On defence exports, the procedures we follow are among the strictest in the world. They were introduced in 2000 by the late Robin Cook, and they were updated in 2014 by the Conservative-led coalition Government to reflect our obligations under the arms trade treaty. A licence will not be issued to Saudi Arabia or any other destination if to do so would be inconsistent with any provision of the consolidated EU and national arms export licensing criteria. In July 2017 the High Court ruled that our sales to Saudi Arabia were compliant with those regulations, but of course we keep things under review.

Several hon. Members: rose—

John Bercow: Order. A lot of Members are still waiting to contribute, and we must try to accommodate them.

Richard Graham: The shadow Chancellor visited Gloucester last week and said that my constituency has suffered from austerity. In fact, Labour’s high unemployment has been slashed; investment, manufacturing and apprenticeships are strongly up; a new centre for the homeless has been established; our two NHS trusts are rated good; and a new Gloucester transport hub funded by the Government opens tomorrow.  Does my right hon. Friend agree that, although we must do more, all we have achieved so far would be severely damaged if the Opposition leadership had its chance to impose economic bankruptcy on us again, with constituents better off on benefits than in work?

Theresa May: My hon. Friend is absolutely right about this Government’s record. I congratulate him on the work he has done and pay tribute to his work with the charity HaVinG—Having a Voice in Gloucester—alongside Bishop Rachel. The charity is doing important work in Gloucester.
My hon. Friend is right that, overall, we see employment at a near record high, youth unemployment at a new record low and real wages rising. That is the benefit of a Conservative Government taking a balanced approach to our economy. The one thing we do know is that the Labour party would undo all that good and leave our economy in a mess once again.

Gordon Marsden: May I give the Prime Minister some brief relief from Brexit and ask her about dogs? Last week, the Environment, Food and Rural Affairs Committee said that the Dangerous Dogs Act 1991, with its specific breeds definition, was not fit for purpose, as hundreds of pit bull-type dogs are confiscated yearly and destroyed, with no impact on dog bite numbers. Will she ask the Secretary of State for Environment, Food and Rural Affairs to act urgently on the Committee’s recommendations and not take the approach of the Lords Minister, who told the Committee that even a good-tempered dog had to be put down as “collateral damage”? My wonderful bull terrier-type dog was rescued from the streets, and to think of her being destroyed because her face did not fit in court is chilling.

John Bercow: We have heard quite a bit about the dog situation, but I think we are going to hear more.

Theresa May: Thank you, Mr Speaker. I had not looked at the detail of the Select Committee report on that particular issue, but I can assure the hon. Gentleman that the Secretary of State is a keen dog owner, as indeed is the Chancellor of the Exchequer, who is sitting next to me, and that the Secretary of State will be looking at this issue very carefully.

Paul Masterton: We might not make much whisky in East Renfrewshire, but we do enjoy drinking it, and Scotch whisky is the jewel in the crown of our food and drink sector. Last year’s duty freeze has raised more money for the Exchequer, just as Scottish Conservatives argued it would, and the industry continues to make more positive investment in our communities. Would not the least we could do on Monday be to extend that freeze for another year?

Theresa May: I thank my hon. Friend for the lobbying he has carried out, and I am sure that the Chancellor heard what he said. Of course, as ever, everybody will have to wait until the Budget is delivered to find out what is in it. My hon. Friend and my Conservative colleagues from Scotland mounted a robust campaign on Scotch whisky duty last year, and we were pleased to be able to take the stance that we did on the duty, because we recognise the importance of Scotch  whisky to the UK. I have to say that 2017 was a record-breaking year, and that in the first half of 2018, Scotch whisky exports increased further to nearly £2 billion. This is an important industry.

Patrick Grady: How does denying, delaying or disrupting visas for Moldovan and African trade commissioners, Palestinian academics, artists at WOMAD and Celtic Connections, or Malawian priests and pupils enhance the Prime Minister’s vision of a global Britain? Does the Prime Minister understand that the visa crisis and perceived travel ban serve only to prove that the “hostile environment” lives on, and that Brexit is a small, isolationist retreat from the world stage?

Theresa May: The reality is far different from the situation the hon. Gentleman has suggested. There is no travel ban. We remain open to business and to people from around the world, and we will continue to be so under the new immigration system—a skills-based immigration system—that we will be introducing when we leave the EU.

David Davies: Women who have concerns about proposals to change the Gender Recognition Act 2004 that would allow self-definition of gender have had their meeting venues cancelled, have been subject to intimidation and have even been dragged into courts as a result of private prosecutions. Will the Prime Minister agree to a short meeting with a victim of sexual violence who believes that these plans will needlessly put more women in danger?

Theresa May: My hon. Friend raises a very important subject. It is right that we are making these proposals on gender reform, but of course this is a very sensitive issue and we have to make sure that any changes take into account their potential impact on women. I am very sorry to hear of the experience of the individual whom he mentioned.
In the run-up to the consultation on the Gender Recognition Act and during it, officials met more than 90 different groups, including lesbian, gay, bisexual and transgender groups, women’s groups, refuges and domestic abuse charities, but this is an important and sensitive issue, and we want voters to be heard. May I suggest to my hon. Friend that I will ask a Minister from the Government Equalities Office, which leads on this issue, to meet him and the individual concerned to hear directly about their experience?

Jess Phillips: It seems that our laws allow rich and powerful men to pretty much do whatever they want, as long as they can pay to keep it quiet, so does the Prime Minister support the Court of Appeal’s decision to back non-disclosure agreements that have been used to silence women who have been sexually harassed and others who have been racially abused?

Theresa May: The hon. Lady will understand that I cannot comment on a particular case that is currently before the courts. What I will say, and what I have said previously, is that sexual harassment in the workplace is against the law and such abhorrent behaviour  should not be tolerated. An employer that allows the harassment of women to go undealt with is sending a message about how welcome they are and about their value in the workplace. Just as we will not accept any behaviour that causes people to feel intimidated or humiliated in the workplace, there must be consequences for failing to comply with the law. Non-disclosure agreements cannot stop people from whistleblowing, but it is clear that some employers are using them unethically. The Government are going to introduce for consideration and consultation measures to seek to improve the regulation around non-disclosure agreements and to make it absolutely explicit to employees when a non-disclosure agreement does not apply or cannot be enforced.

Justine Greening: Currently, if someone pays a mortgage, their mortgage payments every month help them to build up their credit history, but if someone pays rent every month, that does not happen, which just is not fair. We can fix this situation for 15 million renters. The Creditworthiness Assessment Bill could help to give millions more renters throughout the country affordable credit, including mortgages, so that we can all get on in life. Will the Prime Minister take the opportunity of next week’s Budget to look at whether the Government could support this Bill, which has cross-party support and has already passed through the Lords unamended?

Theresa May: I thank my right hon. Friend for raising this issue. As she will be aware, I cannot say what will be in the Budget next week, but she will have noticed that the Chancellor of the Exchequer was here to hear her point.

Christine Jardine: My constituency, unlike that of the hon. Member for East Renfrewshire (Paul Masterton), does depend on the scotch whisky industry, which is perhaps why the industry is suffering, given that so many people like myself are currently supporting Macmillan with “Go Sober”. There is also the threat from Brexit, of course. Stubborn Brexiteer isolationism could see us faced with a hard border with the Republic of Ireland and a disconnect with parts of the country that voted overwhelmingly for remain. Is the Prime Minister ready to accept that her party’s narrow-minded nationalism poses an existential threat to the United Kingdom and that Brexiteer belligerence could break up Britain?

Theresa May: We are working in the national interest and we are working for a good deal with the European Union that will ensure that across all industries that are important to this country, including that of members of the Scotch Whisky Association, we can continue to trade with not only the EU but other countries around the world on good terms that will enhance that industry which, as the hon. Lady says, is important for her constituency. We are working for a good deal for the whole United Kingdom once we are outside the European Union.

Caroline Spelman: Given that the new generation of diesel engines are much cleaner and are comparable with petrol engines, will the Prime Minister use her good offices to help to adjust vehicle excise duty rates, which are having the perverse effect of  encouraging people to hang on to their older, more-polluting diesel cars and causing job losses due to falling sales in the car industry?

Theresa May: I thank my right hon. Friend for raising this issue. I think that she was making a Budget bid; as she will know, and as I have said in previous answers, the Budget will be announced last week. Nevertheless, this is an important issue because we saw demand for new diesel cars fall by 17% in 2017. That decline is in line with the trend in other major European car markets—demand fell by 13% in Germany, for example. It is because of the health impacts of nitrogen oxides that we see these changing patterns and that it has been important to take action. We want to ensure that manufacturers come forward with cleaner cars as soon as possible.

Judith Cummins: West Yorkshire police has 900 fewer officers than it had eight years ago. The result is a 45% rise in violent and sexual crimes in my constituency this year. Now the Association of Police and Crime Commissioners has warned that the Government’s pension shortfall will cost £165 million and leave 4,000 fewer officers on our streets. For West Yorkshire alone, that will mean another 400 officers lost. Does the Prime Minister agree that this is a national scandal and that the police should be fighting crime, not fighting for funding?

Theresa May: The hon. Lady particularly referenced sexual abuse crimes and other crimes of that sort. We have seen an increase in the number of crimes being reported, but that is partly because we now have an atmosphere where people are more willing and ready to come forward and report these crimes. She refers to pensions; this issue has been known about for some years.

Jacob Rees-Mogg: There have been reports today that the Government are willing to agree that the European Court of Justice would be the final arbiter in most cases arising from Brexit. As this would be inconsistent with the Prime Minister’s previous commitments, will she authoritatively deny it?

Theresa May: I see quite a few reports and claims about what is happening in relation to Brexit, but I have not seen those particular reports. If they are as my hon. Friend has suggested, they are wrong. We have been very clear, in the work that we have been doing, about ensuring that the European Court of Justice will not have jurisdiction in the UK in the future.

Tonia Antoniazzi: This week’s hard-hitting Women and Equalities Committee report on sexual harassment in public places, the use of NDAs by perpetrators of sexual harassment, the pernicious two-child policy and women bearing the brunt of budget cuts to services show that equality is stalling under this Government. How is the Prime Minister going to address this?

Theresa May: The position is not as the hon. Lady has set out in her question. In fact, we see women with greater opportunities today. For example, there are more women in the workplace. Crucially, action is being taken as a result of the work that we have been doing on the gender pay gap and the requirement on companies  to report on gender pay, and the pay gap has been coming down over the years. I absolutely take seriously the issue of sexual harassment and bullying in the workplace. It is very important that anybody in any workplace is treated—and feels that they are being treated—with respect and dignity, and that action is taken to ensure that we eradicate sexual harassment and bullying in the workplace.

Henry Bellingham: Does the Prime Minister agree that when veterans have already been investigated by both military and civilian authorities, they should never be hounded and pursued unless there is overwhelming new evidence? I thank the Prime Minister for her personal engagement on this issue, but does she agree that what is happening to numerous Northern Ireland veterans is against natural justice, damaging to recruitment and contrary to the military covenant?

Theresa May: We owe a vast debt of gratitude to the heroism and bravery of the soldiers and police officers who upheld the rule of law and were themselves accountable to it—something that will always set them apart from and above the terrorists who, during the troubles in Northern Ireland, were responsible for the deaths of hundreds of members of the security forces. The current system in Northern Ireland is flawed. It is not working. It is not working for soldiers, for police officers or for victims; and, of course, that group of victims also includes many soldiers and police officers. Although a number of terrorist murders from the troubles are actively under investigation by the Police Service of Northern Ireland and other police forces, I am clear that there is a disproportionate focus on former members of the armed forces and the police under the current mechanisms for investigating the past. We are committed to ensuring that all outstanding deaths in Northern Ireland should be investigated in a way that is fair, balanced and proportionate.

Susan Elan Jones: The Prime Minister has already said that she does not know what is in next week’s Budget. As she probably does not know whether she is going to be Prime Minister next week, perhaps that is not a surprise. Does she agree that providing tax reliefs for private schools is not a good use of public money? Will she just have a little word about that with the Chancellor, who is sitting next to her?

Theresa May: What I said about the Budget was that I was not going to tell the House today; hon. Members will have to wait until Monday.

Nicky Morgan: My right hon. Friend will remember visiting the Defence and National Rehabilitation Centre at Stanford Hall, which sits between the constituency of my right hon. and learned Friend the Member for Rushcliffe (Mr Clarke) and my constituency of Loughborough. The Prime Minister knows that the “N” relies on the NHS being able to work with and benefit from the rehabilitation of those brave members of the armed forces she has just spoken about. What we really need now is my right hon. Friend to bring together people in national Government with local NHS commissioners to get the final decisions made so that  we can ensure that we have this world-class facility to benefit people in need of rehabilitation. I will not be going there myself, but I can see that repairing injured legs is very important.

Theresa May: First, I am sure that the whole House will want to join me in paying tribute to the courage and dedication of our armed forces. For the vast majority, their experience of serving is positive. Of course, we do see those members of our armed forces who sadly do suffer injuries that are life-changing. The rehabilitation capacity and capability that has been built up at Headley Court and that is now being put forward in the new Defence and National Rehabilitation Centre is very important. It was incredible to actually meet people who had been through that rehabilitation and see the massive change it had made to their lives.
This could be a huge benefit to the national health service as well. I thank my right hon. Friend for highlighting this issue. The question of national health service patients being able to use this centre is an important aspect. Everybody’s aim is to be able to ensure that that can happen. I understand that my right hon. Friend the Secretary of State for Health and Social Care is currently reviewing the proposal for NHS patients to benefit from this legacy of expertise in the new centre.

Vincent Cable: Does the Prime Minister not accept that the very sensible objectives of universal credit, to simplify benefits and improve work incentives, were seriously undermined by the 2015 Budget of her friend, the former Chancellor, who slashed the work allowance, and that that, together with administrative rigidity, is now causing enormous hardship for families and single parents? So will she listen to the charities and her own Back Benchers who are urging her to pause the roll-out until these deficiencies are remedied?

Theresa May: The right hon. Gentleman rightly makes the point that the universal credit system introduces a system that is simpler, with a single benefit and a single claim, rather than something like the six claims that people might have been making. It is also a benefit that encourages and works with people to help them into the workplace, and a benefit that ensures that, as they earn more, they keep more. This is a benefit that is good for people, as we see from the extra numbers in work in receipt of universal credit and from the fact that, for people who go on to universal credit, the evidence is that they then go on to earn more in the workplace. Encouraging people into work; making sure that work pays; a simpler system: those are the benefits of universal credit.

Dr Caroline Johnson: As a children’s doctor, I have seen how some young people with life-threatening conditions, and their families, can struggle to receive the care and support they need, particularly respite care and out-of-hours community care. I would therefore like to draw my right hon. Friend’s attention to the report by the all-party parliamentary group on children who need palliative care, which I co-chair with the hon. Member for Newcastle upon Tyne North (Catherine McKinnell). May I ask my right hon. Friend to take a personal interest in this report so that we can work together to ensure that our most vulnerable children, and their families, get the support that they need?

Theresa May: This is an important issue, and obviously my hon. Friend, with her particular experience, is well aware of it in a sense that many of us will not be. I thank her, first, for the work that she undertakes as the co-chair of the APPG on children who need palliative care. Of course, I am sure that the thoughts of the whole House are with those parents who find themselves in this situation. We have made a commitment to everyone at the end of life, including children, setting out the actions we are taking to make high quality and personalisation a reality for all and to end the variation in end-of-life care. This covers a whole range of aspects, including practical and emotional support, because that is an important aspect of good end-of-life care. That is set out, of course, in our end-of-life commitment and our ambitions for palliative care framework. But it can be difficult for some commissioners to develop suitable care models for children. That is why, I understand, NHS England is convening an expert group to develop commissioning models that are suitable for this particularly vulnerable group of patients and ensure they get the support and care they need.

Faisal Rashid: Can the Prime Minister assure the hundreds of my constituents in Warrington South who have been trapped in their homes by spiralling ground rents that the Government’s commitment to crack down on unfair leasehold practices will be fulfilled and that the Government will restrict some ground rents to zero, as promised by the former Housing Minister less than a year ago?

Theresa May: We are indeed following up on our commitments in that area.

Theresa Villiers: The whole House should welcome the commitment to another £20 billion for the NHS. Does the Prime Minister agree that is it vital that the NHS produces a plan to use that money wisely and to strengthen frontline care, including expanding GP services for my constituents in Chipping Barnet?

Theresa May: My right hon. Friend is absolutely right. This is the biggest cash boost that the NHS will have received in its history. It is important that this money is used carefully and properly, to ensure that care for patients is improved. That is one of the principles that we have set out for the 10-year plan that the NHS is working on at the moment, and I am sure the NHS will be looking carefully at the GP services in her constituency.

Dan Jarvis: I am sure the whole House will want to send their best wishes to my hon. Friend the Member for Coventry North West   (Mr Robinson), who is recovering from a recent operation. In his absence, and with his blessing, we will proceed with the Third Reading of his Organ Donation (Deemed Consent) Bill this Friday. It is a Bill that will save lives and give hope to many. The Prime Minister previously has been very supportive, as has the Leader of the Opposition. Will she today reconfirm her support for this important Bill on Friday?

Theresa May: First, may I join the hon. Gentleman and other Members of the House in wishing the hon. Member for Coventry North West (Mr Robinson) the very best? We do indeed continue to support the Bill. As the hon. Gentleman said, it is very important, and it will save lives.

Bernard Jenkin: May I join my right hon. Friend in her praise of and best wishes to the retiring Cabinet Secretary, Sir Jeremy Heywood? He not only served many Governments, but appeared in front of many Select Committees, including my own, and was as popular among Members of Parliament as he was among his colleagues. He will be missed.

Theresa May: I thank my hon. Friend for his comments. He is absolutely right. As I said, Sir Jeremy has been for more than three decades an exemplary civil servant. His public service is second to none, and I am sure that he enjoyed the opportunity to appear before my hon. Friend’s Committee.

John Bercow: Oh, I imagine it was probably the height of his enjoyments. Who could possibly have thought otherwise? We are grateful to the Prime Minister for what she said.

Fiona Onasanya: Given the £1.2 million-worth of cuts per year since 2014 to children’s services in my constituency, does the Prime Minister believe we have adequate resources for special educational needs and disabilities in Peterborough?

Theresa May: We treat the issue of children’s services very carefully, because all children, no matter where they live, should have access to high-quality care. Spending on the most vulnerable children has increased by over £1 billion since 2010, but of course, this is not simply about money; it is about how councils deliver good and excellent services. We need to ensure that everybody is delivering according to best practice. That is why we are improving social work training and spreading innovation and best practice, and where councils are not delivering the standard of service we expect, we will intervene to make sure they improve.

POINT OF ORDER

Stewart McDonald: On a point of order, Mr Speaker. I am extremely grateful to you for accepting this point of order.
It is entirely correct that Members of both Houses engage in robust political debate around the parliamentary estate, but today we have learned that the violent, racist thug and fraudster known as Stephen Yaxley-Lennon, or Tommy Robinson, was invited on to the estate and wined and dined in the House of Lords yesterday. I understand that sometimes we have to engage with views that we might not agree with, but surely a man who is as guilty as he is of stirring up racial hatred, organising violent, thuggish crimes around the country, setting up the English Defence League and everything that comes with it crosses a line, and such a person should not be invited to walk among us on the parliamentary estate. Can you advise me and other Members whether that is in order, and will you take it up with your counterpart in the House of Lords?

John Bercow: I am very grateful to the hon. Gentleman for his point of order, of which—I make no complaint about this—I have had no advance notice, so I am reacting on my feet and I am perfectly content to do so. What I have to say to the hon. Gentleman is twofold. First, I share his assessment of the individual concerned: a loathsome, obnoxious, repellent individual. I make no bones about my view being the same as his on that front.
Secondly, and this is the procedurally significant point, the question of who might be invited to dine in the other place is outside my remit. I always appreciate the enthusiasm of the hon. Gentleman for extending my reach and scope. I am very grateful to him for thinking in those terms. However, this is a matter for the other place, so when the hon. Gentleman asks me for my advice, my advice to him is that, if he wishes to pursue the matter, he should in the first instance—as a matter of both courtesy and practicality—write to the Lord Speaker to register his views, perhaps enclosing the relevant extract from today’s Official Report. I hope that that is helpful to the hon. Gentleman.

HOUSING REFORM

Motion for leave to bring in a Bill (Standing Order No. 23)

Richard Bacon: I beg to move,
That leave be given to bring in a Bill to amend the law relating to housing; to make provision about housing space and thermal performance standards; to place a duty on the Secretary of state to require the provision of serviced plots of land; and for connected purposes.
I am pleased to introduce the Housing Reform Bill, which will improve space standards, increase the minimum thermal performance of new homes and require the Secretary of State to provide serviced plots of land at scale to offer real choice to anyone who wishes to get their own place to live, whether through a housing association, a housing co-operative, a council house—to that end, the Minister may have noticed the article by Lord Porter in The Guardian the other day—or for private purchase. I declare my interest as an ambassador for the Right to Build Task Force, which is supported by the Nationwide Foundation, the charitable arm of the Nationwide building society.
The Prime Minister has said that housing is the Government’s top priority domestically. True, there have been four Housing Ministers in the past year or so, which does not make it sound like the Government’s top domestic priority, but after all there have been eight Housing Ministers in the past eight years and 17 Housing Ministers in the past 17 years. No recent Government have really taken housing seriously enough, although there are encouraging signs with the new Minister for Housing, my hon. Friend the Member for North West Hampshire (Kit Malthouse). I will come on to him later; I am delighted to see him in his place.
The planning system should be about making great places to live that are well designed and well built; well connected; well served with schools, health, community and sports facilities; environmentally sensitive, where green is normal; part of a thriving economy with local jobs; and active, inclusive and safe—that is to say, fair for everyone. In other words, we should separate the business of place making from the business of home building, which, so long as it is done to the required standards, can be built by anyone, including—increasingly, and often to higher standards—in an off-site factory.
Instead of that, we have a system that is broken. According to the National Audit Office, 74% of the Government’s housing budget goes on housing benefit, which is 3% of all public expenditure. Some 86% of people would like to own their own home but, despite this, home ownership is falling. There has been a surge in the number of people privately renting, particularly families with young children, not because they want to, but because they have no choice.
Dr Julie Rugg of the University of York’s Centre for Housing Policy, who has done excellent research in this area, points out that in most cases the private rented sector is now a proxy either for people who wish to buy but cannot afford to do so, or for people who need to be in social housing. We have scarcely considered the long-term consequences for pension provision and affordability of people not owning their own homes, if more people are  paying rent until they die. Meanwhile, we have two nations developing: one nation of those people who are invited to landlord evenings by estate agents and who in some cases already own several buy-to-let properties; and another entirely separate nation of those who cannot afford somewhere to live at all, either to rent or to buy. Home ownership among young adults has collapsed, falling to just 27% in 2016 from 65% 20 years ago.
We have a system that maximises opposition. I have yet to meet the grandmother whose daughter has just had a second baby who does not want her daughter’s family to have a good home. However, the reason there is so much opposition to new housing is that most people feel they have no real say over what gets built; where it gets built; how it performs—its thermal performance; what it looks like; crucially, who has the first chance to live there; and what the benefits of the new housing will be for the existing community. If we change all of that, we change the conversation.
We need a system where there is not a prolonged argument that prevents houses from being built quickly. At present, a very small number of very large companies build houses when, and only when, it is sufficiently profitable to do so. I do not blame them for that—they are doing their duty by their shareholders—but there are no real alternatives at scale for consumers who wish to buy something else. We have to tackle the root causes of the lack of supply. Some 67% of people are unlikely to, or would prefer not to, buy the product of volume house builders. That figure is based on research by the trade body for volume house builders, the Home Builders Federation.
The normal essentials for any vaguely competitive market to operate properly—first, real variety and choice for consumers; and, secondly, low barriers to entry for new suppliers—are wholly absent. My Bill will fix this by doing three things. First, it will improve minimum space standards. The large volume house builders are making houses that are ever more like shoe boxes, and they need to be stopped. When the 1961 report by Sir Parker Morris, “Homes for today & tomorrow”, was published, it ushered in a brief period when a decent amount of space was considered normal. The 1970s are blamed for many lapses of taste, but at least one thing that went well—so well that it is now regarded almost as a halcyon period in this respect—was that houses started to get bigger. Now they are getting smaller again.
Volume house builders routinely construct what are little more than shoe boxes, even commissioning extra-small furniture for show homes to create an optical illusion, whereby rooms in a house seem larger than they actually are, to deceive their customers. We need nationally enforced minimum standards, rather than the set of rather ad hoc arrangements we have at present. There is clear evidence that people in larger spaces are healthier, which reduces the burden on the NHS.
We also need better lifetime adaptability not as an add-on by the rare more thoughtful developers, but as standard, so that houses can easily be made suitable for young families, older people or individuals with a temporary or permanent physical impairment. In this context, I am looking forward to the launch later today by the all-party group on healthy homes and buildings of its report, “Laying the Foundations for Healthy Homes  and Buildings”. The chairman of the group, the hon. Member for Strangford (Jim Shannon), is one of the sponsors of my Bill.
Secondly, my Bill will raise the minimum thermal performance standard that new-build residential property must achieve. We have known for decades how to build a house that costs nothing to heat, but the main house builders just do not do it. The main capital cost may be slightly higher in the short term, although even that is not necessarily true, but the long-term higher costs of poor-quality housing and higher heating bills are borne the most by those who can least afford to do so, and there is also the excessive and wholly unnecessary extra burden on our planet.
It is possible to produce homes that cost a few pounds per month for heat and hot water. I recently saw one at Graven Hill in Oxfordshire, and I know that the Minister, although he has not been in office for very long, has already visited Graven Hill, which is the site of the biggest self-build and custom house building development in the UK, where eventually 1,900 serviced plots will have been built on. I saw a house where, with mechanical ventilation and heat recovery, someone can have heat and hot water for £125 a year.
Thirdly, my Bill will require the Secretary of State to provide or to ensure the provision of serviced plots of land at scale—that is to say, plots of land where the difficult parts, such as the connections for water, gas, electricity and broadband, are already done. On the continent it is quite normal to go to one’s local authority and buy a serviced plot of land. One can be produced for £12,000 to £15,000, plus the land cost. The Right to Build Task Force is working with willing local authorities across the country to make it more normal here, but we could go much further.
Recently, the city of The Hague in the Netherlands has provided serviced plots that can be purchased for €40,000, and a house can then be built for about  €120,000 or £105,000. If somebody cannot afford to buy the plot, they can rent it and buy it later. Another innovative scheme in the Netherlands, known as “Ik bouw betaalbaar”—“I build affordable”—takes people on limited incomes who are on the housing register and helps them to bring forward their own affordable scheme to their own design. Lord Porter referred to that in the article in The Guardian the other day. I propose a system where such plots could be obtained by anyone from a housing association or a local council to a private individual or a housing co-operative. Simple rules would prevent volume house builders or other developers from buying large numbers of plots and would also prevent flipping.
We have sites with service plots, but not enough of them. It should become a normal choice. In the past 20 years, the ratio of average house prices to average incomes has doubled from three-and-a-half times average income to 7.7 times average income. In the 1980s and until the late ‘90s, the average 30-year-old could afford a deposit for a home if he or she saved for three or four years; now, they would have to save for nearly 20 years. The system is broken. We need a radical change of approach, and to succeed we must engage the energy of our people.
I know that there are people who say that this cannot be done, or, if it can be done, that it can be done only on a small scale in certain limited sites. It is certainly true  that it works for small sites, but those people who do not believe that it can be done on a large scale are wrong, and the reason why I know they are wrong is that I have seen it being done; it is just not being done here in the United Kingdom. We will not succeed without muscular help from Government and without engaging the energy of our own people. To those people who think that the energy of our own people is insufficient, I simply join Rod Hackney, the architect, in saying that it is a dangerous thing to underestimate human potential and the energy that can be generated when people are given the opportunity to help themselves. I commend this Bill to the House.
Question put and agreed to.
Ordered,
That Mr Richard Bacon, George Freeman, Jeremy Lefroy, Hilary Benn, Siobhain McDonagh, Mr Simon Clarke, Sir Vince Cable, Eddie Hughes, Mr Clive Betts, Jim Shannon, Sir Robert Syms and Sir Graham Brady present the Bill
Mr Richard Bacon accordingly presented the Bill.
Bill read the First time; to be read a Second time on Friday 23 November, and to be printed (Bill 277).

NORTHERN IRELAND (EXECUTIVE FORMATION AND EXERCISE OF FUNCTIONS) BILL (BUSINESS OF THE HOUSE)

Motion made, and Question proposed,
That the following provisions shall apply to the proceedings on the Northern Ireland (Executive Formation and Exercise of Functions) Bill:

TIMETABLE

(1)(a) Proceedings on Second Reading and in Committee of the whole House, any proceedings on Consideration and proceedings up to and including Third Reading shall be taken at today’s sitting in accordance with this Order.
(b) Proceedings on Second Reading shall be brought to a conclusion (so far as not previously concluded) four hours after the commencement of proceedings on the Motion for this Order.
(c) Proceedings in Committee of the whole House, any proceedings on Consideration and proceedings up to and including Third Reading shall be brought to a conclusion (so far as not previously concluded) six hours after the commencement of proceedings on the Motion for this Order.

TIMING OF PROCEEDINGS AND QUESTIONS TO BE PUT

(2) When the Bill has been read a second time:
(a) it shall, despite Standing Order No. 63 (Committal of bills not subject to a programme order), stand committed to a Committee of the whole House without any Question being put;
(b) the Speaker shall leave the Chair whether or not notice of an Instruction has been given.
(3)(a) On the conclusion of proceedings in Committee of the whole House, the Chairman shall report the Bill to the House without putting any Question.
(b) If the Bill is reported with amendments, the House shall proceed to consider the Bill as amended without any Question being put.
(4) If, following proceedings in Committee of the whole House and any proceedings on Consideration of the Bill, a legislative grand committee withholds consent to the Bill or any Clause or Schedule of the Bill or any amendment made to the Bill, the House shall proceed to Reconsideration of the Bill without any Question being put.
(5) If, following Reconsideration of the Bill—
(a) a legislative grand committee withholds consent to any Clause or Schedule of the Bill or any amendment made to the Bill (but does not withhold consent to the whole Bill),
(b) the Bill is amended to remove any provisions which are not agreed to by the House and the Legislative Grand Committee, and
(c) a Minister of the Crown indicates his or her intention to move a minor or technical amendment to the Bill,
the House shall proceed to consequential Consideration of the Bill without any Question being put.
(6) For the purpose of bringing any proceedings to a conclusion in accordance with paragraph (1), the Chairman or Speaker shall forthwith put the following Questions in the same order as they would fall to be put if this Order did not apply—
(a) any Question already proposed from the Chair;
(b) any Question necessary to bring to a decision a Question so proposed;
(c) the Question on any amendment moved or Motion made by a Minister of the Crown;
(d) any other Question necessary for the disposal of the business to be concluded;
and shall not put any other questions, other than the question on any motion described in paragraph (17)(a) of this Order.
(7) On a Motion so made for a new Clause or a new Schedule, the Chairman or Speaker shall put only the Question that the Clause or Schedule be added to the Bill.
(8) If two or more Questions would fall to be put under paragraph (6)(c) on successive amendments moved or Motions made by a Minister of the Crown, the Chairman or Speaker shall instead put a single Question in relation to those amendments or Motions.
(9) If two or more Questions would fall to be put under paragraph (6)(d) in relation to successive provisions of the Bill, the Chairman shall instead put a single Question in relation to those provisions, except that the Question shall be put separately on any Clause of or Schedule to the Bill which a Minister of the Crown has signified an intention to leave out.

CONSIDERATION OF LORDS AMENDMENTS

(10)(a) Any Lords Amendments to the Bill may be considered forthwith without any Question being put; and any proceedings interrupted for that purpose shall be suspended accordingly.
(b) Proceedings on consideration of Lords Amendments shall (so far as not previously concluded) be brought to a conclusion one hour after their commencement; and any proceedings suspended under sub-paragraph (a) shall thereupon be resumed.
(11) Paragraphs (2) to (11) of Standing Order No. 83F (Programme orders: conclusion of proceedings on consideration of Lords amendments) apply for the purposes of bringing any proceedings to a conclusion in accordance with paragraph (10) of this Order.

SUBSEQUENT STAGES

(12)(a) Any further Message from the Lords on the Bill may be considered forthwith without any Question being put; and any proceedings interrupted for that purpose shall be suspended accordingly.
(b) Proceedings on any further Message from the Lords shall (so far as not previously concluded) be brought to a conclusion one hour after their commencement; and any proceedings suspended under sub-paragraph (a) shall thereupon be resumed.
(13) Paragraphs (2) to (9) of Standing Order No. 83G (Programme orders: conclusion of proceedings on further messages from the Lords) apply for the purposes of bringing any proceedings to a conclusion in accordance with paragraph (12) of this Order.

REASONS COMMITTEE

(14) Paragraphs (2) to (6) of Standing Order No. 83H (Programme orders: reasons committee) apply in relation to any committee to be appointed to draw up reasons after proceedings have been brought to a conclusion in accordance with this Order.

MISCELLANEOUS

(15) Standing Order No. 15(1) (Exempted business) shall apply so far as necessary for the purposes of this Order.
(16) Standing Order No. 82 (Business Committee) shall not apply in relation to any proceedings to which this Order applies.
(17)(a) No Motion shall be made, except by a Minister of the Crown, to alter the order in which any proceedings on the Bill are taken, to recommit the Bill or to vary or supplement the provisions of this Order.
(b) No notice shall be required of such a Motion.
(c) Such a motion may be considered forthwith without any Question being put; and any proceedings interrupted for that purpose shall be suspended accordingly.
(d) The Question on such a Motion shall be put forthwith; and any proceedings suspended under sub-paragraph (c) shall thereupon be resumed.
(e) Standing Order No. 15(1) (Exempted business) shall apply to proceedings on such a Motion.
(18)(a) No dilatory Motion shall be made in relation to proceedings to which this Order applies except by a Minister of the Crown.
(b) The Question on any such Motion shall be put forthwith.
(19) No debate shall be held in accordance with Standing Order No. 24 (Emergency debates) at today’s sitting after this Order has been agreed.
(20) Proceedings to which this Order applies shall not be interrupted under any Standing Order relating to the sittings of the House.
(21) No private business may be considered at today’s sitting after this Order has been agreed.—(Karen Bradley.)

John Bercow: I should inform the House that an amendment has been put to me, and I am calling the hon. Member for Walthamstow (Stella Creasy) to speak to and move her manuscript amendment.

Stella Creasy: I beg to move a manuscript amendment, in line 43, paragraph (6), after sub-paragraph (b) at end insert—
“(ba) the question on any amendment, new clause or new schedule selected by the Chair or Speaker for separate decision.”
There is much talk right now in this Chamber, and indeed in our country, about what a meaningful vote is. I wager that a meaningful vote is one that people can vote on—a very simple line. My hon. Friend the Member for St Helens North (Conor McGinn) and I have tabled this amendment to today’s programme motion because we are concerned about the programme motion. Let us be clear: we understand that this is considered emergency legislation. We have no desire to delay this important legislation as it passes through the House, but because it is emergency legislation it is all the more important that, where there are concerns about what it may concern, or may include, or may not include, the House is able to take a view and Members are able to decide. Therefore, to see the programme motion today and discover that a crucial element of it—one that is in most other Bills—is missing is a concern to us. It is the part that allows the Chair of proceedings the right to select any amendment, new clause, or new schedule for a vote. To remove that section of a programme motion and not to inform the Opposition of that is a concern to us because it recognises that there may be issues on which Members have a strong view, but, by dint of the programme motion, not by the consent of the House ahead of the time, they would not get a say on them.
I am sure that the error is in overlooking the matter rather than a deliberate intent by the Whips to deny a debate. Therefore, my hon. Friend and I wish to be extremely helpful, which is why we have tabled a manuscript amendment to restore that section of the programme motion, which allows the Speaker and the Chair, at their discretion, to select any amendment, new clause, or new schedule for a meaningful vote on this legislation.
I say to everyone in this House that, whatever they think of the amendments tabled for today, to cross this Rubicon and decide that there are some matters on which the House should not be paramount is a dangerous move to make. I also say that the people of Northern Ireland, who have already seen so much democratic dysfunction, deserve better from this House.

Heidi Allen: rose—

Stella Creasy: I will happily quickly give way to the hon. Lady, but I know that the House wants to get on and have its say about this process.

Heidi Allen: I will be very swift indeed. I just want to say to the hon. Lady that there are many colleagues on the Conservative Benches who are absolutely with her on this, and that this item should be voted on.

Stella Creasy: I thank the hon. Lady, because I know that she, like me, believes that the democratic process must be open and transparent, no matter how difficult the conversation and the issues at hand may be.
I hope that all the House will agree that it is right to stick to the kinds of programme motions that we have all come to know and love. With that, I move this manuscript amendment.

Chris Bryant: The point is that we should do things properly. It is an established principle in this House, and in this Parliament, that we normally have three Readings, including at Committee stage, on Report and with gaps in between, so that people can consider matters properly. The only time that we suspend that is for emergency legislation. In all honesty, I do not see why this is emergency legislation. By definition, it is only emergency legislation normally when there is no controversy; there is clearly substantial controversy here, which is why we should have a proper Business of the House motion to allow us to consider amendments that have not been tabled by Ministers.

John Bercow: I am grateful to the hon. Gentleman for what he has just said. His reference to a proper Business of the House motion is the view that he has volunteered, but I say this as much for the benefit of people attending to our proceedings and in the name of their intelligibility as for any other reason that it is precisely because I judged that this matter should be capable of amendment, even at the last minute, that I selected the manuscript amendment, so I know perfectly well how to operate in these matters. I am very glad that we are in agreement on that—[Interruption.] No, no, I appreciate that. The hon. Gentleman does not need to be touchy about it. I was merely claiming credit for selecting the amendment.

Jeffrey M. Donaldson: I take the point that the hon. Member for Walthamstow (Stella Creasy) has made in putting forward her manuscript amendment, but surely it is the case that when we are dealing with this type of procedure—emergency legislation that is fast tracked—this procedure is not normally included. The Speaker does not normally have this discretion in a fast-track motion procedure. As I understand it, it is not a question that the Government are trying to mislead anyone; they are just following what is the normal procedure for this type of legislation. Therefore, it is unfortunate that some are suggesting that, somehow, this is a fast move on the part of Government or anyone else. I note that, on previous occasions when Northern Ireland legislation has been dealt with by this procedure, we heard nothing from the Opposition; we heard nothing from the hon. Lady about the need for some of our amendments, for example, to be pushed to a vote. It is worth putting it on record that this is the normal procedure; it is the way that the House deals with fast-track legislation.

John Bercow: I am not sure that I would in any sense put myself forward as the arbiter of normality; I am not sure that that is my role. I am simply the person who guarantees or underscores order. Nor is it really for me—I am not suggesting that the right hon. Gentleman says that it is—to offer my understanding of the Government’s interpretation of these matters. If the Secretary of State wishes to explain her reasoning, and give an exegesis, she is welcome to, but she is not under any obligation to do so.

Karen Bradley: The motion is exactly the same as the programme motion tabled to the Budget Bill earlier this year. It is the standard programme motion used for this kind of emergency legislation. The Government are not at all trying to do anything underhand.

John Bercow: This is, of course, a Business of the House motion, rather than a programme motion, but I think I know at what the Secretary of State is getting.
Amendment agreed to.
Main Question, as amended, put and agreed to.
Resolved,
That the following provisions shall apply to the proceedings on the Northern Ireland (Executive Formation and Exercise of Functions) Bill:

TIMETABLE

(1)(a) Proceedings on Second Reading and in Committee of the whole House, any proceedings on Consideration and proceedings up to and including Third Reading shall be taken at today’s sitting in accordance with this Order.
(b) Proceedings on Second Reading shall be brought to a conclusion (so far as not previously concluded) four hours after the commencement of proceedings on the Motion for this Order.
(c) Proceedings in Committee of the whole House, any proceedings on Consideration and proceedings up to and including Third Reading shall be brought to a conclusion (so far as not previously concluded) six hours after the commencement of proceedings on the Motion for this Order.

TIMING OF PROCEEDINGS AND QUESTIONS TO BE PUT

(2) When the Bill has been read a second time:
(a) it shall, despite Standing Order No. 63 (Committal of bills not subject to a programme order), stand committed to a Committee of the whole House without any Question being put;
(b) the Speaker shall leave the Chair whether or not notice of an Instruction has been given.
(3)(a) On the conclusion of proceedings in Committee of the whole House, the Chairman shall report the Bill to the House without putting any Question.
(b) If the Bill is reported with amendments, the House shall proceed to consider the Bill as amended without any Question being put.
(4) If, following proceedings in Committee of the whole House and any proceedings on Consideration of the Bill, a legislative grand committee withholds consent to the Bill or any Clause or Schedule of the Bill or any amendment made to the Bill, the House shall proceed to Reconsideration of the Bill without any Question being put.
(5) If, following Reconsideration of the Bill—
(a) a legislative grand committee withholds consent to any Clause or Schedule of the Bill or any amendment made to the Bill (but does not withhold consent to the whole Bill),
(b) the Bill is amended to remove any provisions which are not agreed to by the House and the Legislative Grand Committee, and
(c) a Minister of the Crown indicates his or her intention to move a minor or technical amendment to the Bill,
the House shall proceed to consequential Consideration of the Bill without any Question being put.
(6) For the purpose of bringing any proceedings to a conclusion in accordance with paragraph (1), the Chairman or Speaker shall forthwith put the following Questions in the same order as they would fall to be put if this Order did not apply—
(a) any Question already proposed from the Chair;
(b) any Question necessary to bring to a decision a Question so proposed;
(ba) the question on any amendment, new clause or new schedule selected by the chair or Speaker for separate decision;
(c) the Question on any amendment moved or Motion made by a Minister of the Crown;
(d) any other Question necessary for the disposal of the business to be concluded;
and shall not put any other questions, other than the question on any motion described in paragraph (17)(a) of this Order.
(7) On a Motion so made for a new Clause or a new Schedule, the Chairman or Speaker shall put only the Question that the Clause or Schedule be added to the Bill.
(8) If two or more Questions would fall to be put under paragraph (6)(c) on successive amendments moved or Motions made by a Minister of the Crown, the Chairman or Speaker shall instead put a single Question in relation to those amendments or Motions.
(9) If two or more Questions would fall to be put under paragraph (6)(d) in relation to successive provisions of the Bill, the Chairman shall instead put a single Question in relation to those provisions, except that the Question shall be put separately on any Clause of or Schedule to the Bill which a Minister of the Crown has signified an intention to leave out.

CONSIDERATION OF LORDS AMENDMENTS

(10)(a) Any Lords Amendments to the Bill may be considered forthwith without any Question being put; and any proceedings interrupted for that purpose shall be suspended accordingly.
(b) Proceedings on consideration of Lords Amendments shall (so far as not previously concluded) be brought to a conclusion one hour after their commencement; and any proceedings suspended under sub-paragraph (a) shall thereupon be resumed.
(11) Paragraphs (2) to (11) of Standing Order No. 83F (Programme orders: conclusion of proceedings on consideration of Lords amendments) apply for the purposes of bringing any proceedings to a conclusion in accordance with paragraph (10) of this Order.

SUBSEQUENT STAGES

(12)(a) Any further Message from the Lords on the Bill may be considered forthwith without any Question being put; and any proceedings interrupted for that purpose shall be suspended accordingly.
(b) Proceedings on any further Message from the Lords shall (so far as not previously concluded) be brought to a conclusion one hour after their commencement; and any proceedings suspended under sub-paragraph (a) shall thereupon be resumed.
(13) Paragraphs (2) to (9) of Standing Order No. 83G (Programme orders: conclusion of proceedings on further messages from the Lords) apply for the purposes of bringing any proceedings to a conclusion in accordance with paragraph (12) of this Order.

REASONS COMMITTEE

(14) Paragraphs (2) to (6) of Standing Order No. 83H (Programme orders: reasons committee) apply in relation to any committee to be appointed to draw up reasons after proceedings have been brought to a conclusion in accordance with this Order.

MISCELLANEOUS

(15) Standing Order No. 15(1) (Exempted business) shall apply so far as necessary for the purposes of this Order.
(16) Standing Order No. 82 (Business Committee) shall not apply in relation to any proceedings to which this Order applies.
(17)(a) No Motion shall be made, except by a Minister of the Crown, to alter the order in which any proceedings on the Bill are taken, to recommit the Bill or to vary or supplement the provisions of this Order.
(b) No notice shall be required of such a Motion.
(c) Such a motion may be considered forthwith without any Question being put; and any proceedings interrupted for that purpose shall be suspended accordingly.
(d) The Question on such a Motion shall be put forthwith; and any proceedings suspended under sub-paragraph (c) shall thereupon be resumed.
(e) Standing Order No. 15(1) (Exempted business) shall apply to proceedings on such a Motion.
(18)(a) No dilatory Motion shall be made in relation to proceedings to which this Order applies except by a Minister of the Crown.
(b) The Question on any such Motion shall be put forthwith.
(19) No debate shall be held in accordance with Standing Order No. 24 (Emergency debates) at today’s sitting after this Order has been agreed.
(20) Proceedings to which this Order applies shall not be interrupted under any Standing Order relating to the sittings of the House.
(21) No private business may be considered at today’s sitting after this Order has been agreed.

NORTHERN IRELAND (EXECUTIVE FORMATION AND EXERCISE OF FUNCTIONS) BILL

Second Reading

Karen Bradley: I beg to move, That the Bill be now read a Second time.
I inform the House that the noble Lord Caine, who will be well known to many Members of this House, cannot be with us because, sadly, his father passed away this morning. I am sure that we will all join together in sending our condolences to him and his family. We send him, and his mother in particular, our very best wishes. [Interruption.] Lord Caine.

Steve Pound: Jonathan.

Karen Bradley: Yes, Jonathan to you, Mr Speaker, I am sure.
I begin by inviting the House to join me in remembering those who lost their lives in the horrific Shankill Road bombing, the Greysteel massacre and the series of attacks that followed. These atrocities took place 25 years ago, but their effects are still felt by those who lost loved ones and by the dozens of people injured. Those who lost their lives will never be forgotten. People from across the community in Northern Ireland suffered in those dark days, and we must not forget that suffering.
When the people of Northern Ireland voted, by a huge majority, in favour of the Belfast agreement, they voted for a shared future in which no one would have to experience the suffering and loss that took place during the troubles. None of us in this House should forget, or underestimate, what was lost before the Belfast agreement, or what has been achieved since.
The Government remain completely and unequivocally committed to the Belfast agreement, not just because of what it stands for, but for what it has delivered for the people of Northern Ireland. At the heart of that agreement is a devolved power-sharing executive Government, and restoring that Executive remains my top priority. Northern Ireland needs devolved government. It needs all the functioning political institutions of the Belfast agreement and its successors. The only sustainable way forward lies in stable, fully functioning and inclusive devolved government. As Secretary of State, achieving this aim is my absolute priority.
The Bill delivers on a number of commitments that I set out in my last statement to the House on 6 September. It is an important step towards our goal of restoring the devolved power-sharing Executive and Assembly. It seeks to provide for a fixed period in which an Executive can be formed at any time. It provides the space and time for this Government to continue our engagement with the political parties in Northern Ireland, and with the Irish Government where appropriate, so that we can renew the talks process, with the shared aim of restoring devolved government at the earliest possibility. The Bill also provides the Northern Ireland Departments with the certainty and clarity they need to continue to deliver public services during this fixed period.

Fiona Bruce: Will the Secretary of State confirm that the Government’s purpose in bringing forward the Bill is limited to ensuring that administrative  functions in Northern Ireland continue efficiently, and that it is not about deciding on key devolved policy issues, which are more properly decided on by the people of Northern Ireland and their elected, accountable representatives?

Karen Bradley: My hon. Friend sums up very well the intent of the Bill. It will enable civil servants to continue to run public services; it will not make them law makers. They will not have the power to change policy decisions, but they will have the ability to continue to make decisions. That is why the Bill is a matter for urgent debate, and why it is emergency legislation. Without the Bill, there would be a danger of essential public services in Northern Ireland not being delivered. That is why the Government have brought it forward.
The Bill does not give civil servants any new powers; rather, it gives clarity on the exercise of their existing powers in the absence of Ministers. It will be underpinned by supporting guidance that provides a framework for decision making for Northern Ireland Departments when a judgment is being made on whether those existing powers should be used in the absence of Ministers.

Sylvia Hermon: As the Secretary of State is well aware, the date of 26 March 2019 appears in clause 1. I am sure people are intrigued to know why that date—three days before we Brexit—was chosen.
An agreement would have to be reached by the Democratic Unionist party, whose Members are here, properly take their seats in Parliament, and work assiduously on behalf of their constituents, and Sinn Féin MPs, who absent themselves and do not take their seats. Will an agreement between Sinn Féin absentee MPs and the DUP have to be arrived at by 26 March next year?

Karen Bradley: I will—[Interruption.] I am not having a good day, am I? [Interruption.] I thank the hon. Member for Ealing North (Stephen Pound); he is such a gentleman, as I am sure we all agree. [Interruption.] Better still, he is ensuring that I do not waste any water.
The date in the Bill was chosen after consultation with all the main parties in Northern Ireland. It is not easy to determine the most appropriate date, but we have chosen the date that we believe gives the best chance for an Executive to be formed, and for meaningful talks to take place.

Sylvia Hermon: That is very helpful indeed. In fact, it is very succinct, and leaves a lot to the imagination. Will the Secretary of State give just one past example of the DUP or Sinn Féin having met a deadline for political talks?

Karen Bradley: I do not see this as a deadline as such; I see it as a date by which a decision will have to be taken on whether an election is called. The hon. Lady will be aware that the date is around the time when purdah starts for local elections. She will know very well that there are local elections in Northern Ireland next May. The date was chosen with that in mind, because clearly once a local election campaign starts, political parties focus on campaigning. She will know that we have had stable devolved government in Northern Ireland, but for most of the last 10 years, we have had a hiatus;  that is far too long, and that is not right for the people of Northern Ireland. It is not what they deserve. I am trying to put in place, through the Bill, the best conditions to allow those talks to recommence, and to enable us to get an Executive in place. The date was chosen after consultation with all the main parties and the civil service of Northern Ireland.

Jeffrey M. Donaldson: The Secretary of State has made several references in her speech so far to the political hiatus. Does she agree that the reason we do not have a functioning Executive and Assembly is that out of the five political parties in Northern Ireland eligible to be in the Executive, four—the Democratic Unionist party, the Ulster Unionist party, the Social Democratic and Labour party and the Alliance party—have all said that if the Secretary of State convenes a meeting of the Assembly for the purpose of appointing Ministers, they will be there and will appoint their Ministers immediately and without precondition, but one party, Sinn Fein, has declined to give such an undertaking? Should we not be honest with the House, and instead of blaming all of the political parties, put the focus where it belongs, on the people who do not take their seats here, who do not take their seats at Stormont and who are outside, looking in? They are the people denying Northern Ireland its proper democratic Government.

Karen Bradley: I do not want to provide a running commentary on the talks I have had with parties since the talks broke down in February between the two main parties. What I would say is that I have heard a willingness from parties that they want to get back into Government. That is why I believe that the best thing for the people of Northern Ireland is that we give those parties the chance to get back into devolved Government and provide the best conditions to enable that to happen—and the Bill is part of achieving that. It is important that we use this time and the powers in the Bill to ensure that public services continue to be run and there is no distraction from the parties coming back together and forming a Government.

David Simpson: Does the Secretary of State accept that if an Assembly is to come back to Northern Ireland—and we all here support that—the structure of that Assembly has to be right, so that no one party can pull it down?

Karen Bradley: I want to see a fully functioning, devolved Government as we have seen in the past, as that would be best for the people of Northern Ireland, and so that many of the decisions and the policies that right hon. and hon. Members will raise today can be taken in the right place, which is Stormont.

Liz Saville-Roberts: Is cearta daonna iad cearta teanga agus tá cothrom na féinne tuilte ag lucht labhartha na Gaeilge.
Under the St Andrews agreement of 2006, the British Government pledged to introduce an Irish language Act based on the experiences of Wales and the Republic of Ireland. Will the Secretary of State uphold that  commitment by introducing an Irish language Act if power-sharing institutions are not restored within six months?

John Bercow: I assume that that intervention contained a translation. That is my working premise—

Liz Saville-Roberts: I would be delighted to offer a translation if that would be sufficient.

John Bercow: I thought it had been offered, but if it has not been, I hope that the hon. Lady will indulge not just me, but the House.

Liz Saville-Roberts: Language rights are human rights and the Irish speakers of Ireland deserve fair play.

Karen Bradley: The hon. Lady is right that the St Andrews agreement includes a political declaration to legislate for an Irish language Act, but it is also clear that once devolved Government restarted in Stormont in 2008, that power became a devolved power for Stormont to legislate on. I support the fact that we have statutory underpinning for many of our indigenous languages. For example, during the 2010-15 Parliament, the Cornish language was granted statutory underpinning, and S4C, which was legislated for by a Conservative Government in the 1980s, has delivered a status for the Welsh language that I am sure the hon. Lady appreciates and enjoys on a regular basis. The important point is that it is a devolved power, and I am sure that as the leader of Plaid Cymru in the House she would not want to see the House undermining the constitutional devolution arrangements that exist across the United Kingdom, or cherry-picking points that right hon. and hon. Members may feel strongly about—and I have great sympathy with much of the strength of feeling—as we have to respect those arrangements.
The Bill will also enable key public appointments to be made in the absence of Northern Ireland Ministers, including reconstituting the Northern Ireland Policing Board. To make it clear to right hon. and hon. Members, a properly constituted Northern Ireland Policing Board is essential for proper governance and accountability, and public trust in policing in Northern Ireland. That is why it is essential that we pass the Bill urgently.
I shall turn to the specifics of the Bill. First, the Bill extends the period provided for in the Northern Ireland Act 1998 for Northern Ireland Ministers to be appointed before the local elections next year. As the House is aware, because Ministers were not appointed by 29 June 2017, the 1998 Act requires a further election before an Executive can be formed. As I set out in my 6 September statement, an election at this time would not be helpful, nor would it increase the prospects of restoring the Executive. The provisions of clause 1 aim to create a period in which an Executive can be formed and talks can take place, by removing that current legal impediment to an Executive being formed for a defined period. Let me be clear about what that means: as things stand, if the parties were able to find agreement and form an Executive, the House would have to pass primary legislation to enable that to happen. During a recess or periods of intense parliamentary activity, we might be unable to find parliamentary time to allow an Executive to form. I do not think that that barrier or impediment to  forming an Executive is one that right hon. and hon. Members would want to see, and the Bill will therefore enable an Executive to be formed without the need for primary legislation during the period covered by the Bill.
The Bill also contains a provision in clause 2 that this period may be extended once, for up to five months. That will remove the need for further primary legislation in the event that, for example, Northern Ireland parties have made progress towards a deal, but a short extension is judged necessary to finalise an agreement and form an Executive.
I want to be clear to the House—I will not wait until March to begin efforts to bring the parties together to work towards Executive formation. Following the passage of this legislation, I intend to meet party leaders to discuss the basis, process, and timing for a further phase of talks, and will at all times continue to stress the urgent need to restore devolution. I welcome all efforts to improve political dialogue between the parties in Northern Ireland, including those by church leaders, who I met earlier this month— following their meeting with the parties—to discuss how best to encourage meaningful political engagement towards the restoration of an Executive.

Sylvia Hermon: I admire the stamina and diligence that the Secretary of State has demonstrated in trying to achieve the restoration of the Assembly since January last year. However, I am intrigued to learn whether the Northern Ireland Office has taken time to assess the unpopularity of the Assembly in Northern Ireland caused mainly, although not exclusively, because the 90 MLAs continue to receive their full salary while not doing a full job. When the Secretary of State announced in September that she would cut MLA salaries, she delayed the cut until November. Can she explain that three-month delay to the people of Northern Ireland who are outraged by MLAs continuing to receive a full salary?

Karen Bradley: I know that the hon. Lady feels strongly about that matter and she has raised it in the House on several occasions. It is not a three-month delay: I made the statement on 6 September. She will understand that issues need to be dealt with, including notifying MLAs of my decision to cut their pay and changing the payroll arrangements. As I said in September, the November pay cheques were the earliest opportunity to cut the pay, so the pay cheques that will be delivered next week will include the pay cut. The next pay cut will be in January, if we have been unable to get the Assembly and Executive reconstituted by then.

Jeffrey M. Donaldson: Although I fully understand and appreciate the point made by the hon. Member for North Down (Lady Hermon), I appeal to her to understand that at the end of the day these are people with families. Yes, I understand the public ire at the lack of an Assembly, but most of the Assembly Members are not functioning there properly through no fault of their own. As I explained to the House, it is the actions of one political party in Northern Ireland and its army council—its illegal army council—that are holding the people of Northern Ireland to ransom. It would be nice just for once to hear the hon. Lady call them out for that, instead of labelling in such a way all 90 Members of the Assembly, many of whom are innocent of the charge that they do not want to make progress in  Northern Ireland or do their job fully. We treat them unfairly when we label them all in the same way without calling out the people who refuse to do their jobs and sit outside; the majority of Assembly Members want to work full time and do the full job. Of course, the House has taken the decision to cut their pay and we support that, but there are practical issues. They and their families need proper notification. When she makes these points, the hon. Lady should not just put the blame on everyone.

John Bercow: Order. Before the Secretary of State responds, let me say this in good humour, if I may. The hon. Member for North Down (Lady Hermon) and the right hon. Member for Lagan Valley (Sir Jeffrey M. Donaldson) are themselves so unfailingly courteous to colleagues and, indeed, to everybody, that it is really very difficult to get annoyed with them—and I am not. I hope, however, that they will take it in the right spirit if I say that in respect of both of their “interventions”, the erudition was equalled only by the length.

Karen Bradley: Thank you, Mr Speaker. I could not have put it better myself.
The right hon. Member for Lagan Valley (Sir Jeffrey M. Donaldson) makes an important point, in that it is not the fault of Members of the Legislative Assembly that this is the situation. The MLAs I meet regularly want to get back to the Executive and the Assembly, and it is important we recognise that. I also want to put on record once again that I am of course not cutting the pay of any of the staff of MLAs. As we all know in this House, our staff work tirelessly for our constituents, as do the staff of MLAs. They are dealing with casework and constituency matters, and it is quite right that those staff should not be prejudiced against as a result of decisions taken by others.
During the period covered by the Bill, it will be necessary to provide Northern Ireland Departments with certainty about their decision-making powers. Clarity is needed on the decisions that they should or should not make. This follows a recent court ruling against a Northern Ireland Department’s decision to approve  a major waste disposal and energy generation facility. The Bill clarifies that a senior officer of a Northern Ireland Department is not prevented from exercising departmental functions in the absence of Ministers during the period for forming an Executive, if the officer is satisfied that it is in the public interest to do so. The Bill also requires that I, as Secretary of State, should publish guidance about the exercise of departmental functions, as I will, of course. That includes principles that senior officers in Northern Ireland Departments may take into account when deciding whether or not to exercise a function, and they are required to have regard to that guidance.

Emma Little Pengelly: I thank the Secretary of State for her engagement on this issue. It will come as no surprise to her if I mention the transport hub, which is in my constituency but of regional significance for Northern Ireland. Will she confirm that the decision hoped for before Christmas  is the type of decision that can be made under the  terms of this Bill by a senior civil servant in the  relevant Department?

Karen Bradley: I thank the hon. Lady and her colleagues and members of all the main parties across Northern Ireland who assisted in the development of the guidance. Clearly, as Secretary of State I am not able to say what decision a civil servant would make, but we have looked at the kind of decisions and how they might be made. Given that the example she has cited was approved in the Programme for Government before the Executive collapsed and that Ministers had indicated that they had wanted to see it happen, it is the kind of decision that a civil servant should be able to take on the basis of the guidance as issued.

Owen Smith: The Secretary of State is being very generous in giving way. From reading the Bill and listening to the Secretary of State’s answer, it is very unclear to me precisely which sort of decisions will or will not be enabled under this legislation. Can she give us an example of a decision that would not be allowed to be taken by civil servant?

Karen Bradley: I was just about to say that I have published a draft copy of the guidance and placed it in the Library of the House so that hon. and right hon. Members can have a clear sense of what it seeks to do. The important point is that throughout my period as Secretary of State—I put on record how supportive the hon. Gentleman was when he was my opposite number of the need to make legislative changes on limited occasions in this House for the essential running of public services—when we in this House have taken decisions and passed legislation, we have been very clear that what we are not doing is changing policy. Policy and legislation cannot be changed by anything in this Bill. It is about allowing civil servants to make decisions that have been part of a policy that has previously been agreed. I suggest that the hon. Gentleman looks at the draft guidance in the Library, and says if he has any suggestions for how the guidance could be strengthened or improved to help civil servants.
I want to be clear: civil servants in Northern Ireland Departments have acted in an exemplary fashion. They have behaved without political cover and without an Executive or Ministers in a way that we should all commend. They have enabled public services in Northern Ireland to continue to be run, and the people of Northern Ireland are continuing to receive their public services. Significant reform is needed in many public services, but this is not about policy decisions on reform. It is about enabling those public services to continue, because the best way to change policy and law in Northern Ireland is for Ministers to be in Stormont making those decisions on behalf of the people who elected them.

Andrew Murrison: Can the Secretary of State say how many legal actions have been initiated in the few days since the contents of clause 3(4), on the retrospective empowerment of civil servants, were made known? I would be grateful for her confirmation or otherwise, but my understanding is that those legal actions that have been initiated will not fall within the scope of the retrospective action that she is seeking to take through clause 3.

Karen Bradley: Perhaps it is best if I write to the Chair of the Select Committee with specific details, although I want to be clear that we have put in a specific reference to decisions taken since the Executive collapsed  because we do not want those decisions that have already been taken to be challenged on the basis that once the Bill is in place there is more cover for civil servants. We want to ensure that the decisions that have already been taken are not undone.

Layla Moran: I had the privilege of visiting Lagan College, an integrated school in Belfast, and I would like to take this opportunity to convey to the Secretary of State people’s deep frustration that Stormont is not functioning and their deep frustration about how Stormont functions. Same-sex marriage is an example of a policy that Stormont voted in favour of but was then blocked by a petition of concern. As part of bringing the parties back around the table, is the petition of concern something that the Secretary of State will be encouraging them all to look at again?

Karen Bradley: At the moment I need to get this legislation through, then I can bring the parties together. The hon. Lady is right that the petition of concern was discussed during the last talks process. What I cannot say is what will be discussed in the next talks process.

Paul Girvan: on the question of decisions and what are believed to be non-controversial issues, senior civil servants were not making decisions on the back of the Buick ruling, and I want to ensure that those civil servants will be given the cover, under this legislation, to go ahead and deliver on issues that are not controversial, such as broadband, which needs to be delivered to rural areas.

Karen Bradley: It is precisely because of the uncertainty since the Buick judgment that we are bringing forward this legislation. I do not want to be bringing this Bill forward; I would much rather not be standing here at this Dispatch Box, taking the Bill through the House, because I would much rather that there were Ministers in Stormont making the decisions on behalf of their constituents; but there are not, and faced with the reality of the situation, I have to do what I consider to be best for the people of Northern Ireland, to ensure that their public services can continue, and that civil servants can continue to take the essential decisions in the public interest that they need to take.
It is vital that Members read the guidance alongside the legislative measures, as it clarifies the legal basis for the decisions.

Diana R. Johnson: I just want to be clear in my mind about what the Secretary of State is saying. I understand she is saying that there will be no change in policy and decisions will be made by civil servants in the Departments without changing policy. What happens when, in the absence of an Assembly and an Executive, there is a challenge to the policy—perhaps for being in breach of our international obligations? What happens then to the policy? Who is responsible then for dealing with that?

Karen Bradley: The hon. Lady introduced her ten-minute rule Bill yesterday, and I know she is a campaigner on a particular topic, which I suspect is what she is referring to. This Bill does not make civil servants lawmakers, so they will not be able to change the law—quite rightly. It also does not enable them to take new policy decisions, because it would be wrong to ask civil servants to do so.  Civil servants across the United Kingdom act in an incredibly professional and independent way and they follow the decisions and the policy recommendations of Ministers, and it is right that they do that. The answer to the hon. Lady’s question is that we need Ministers in Stormont, because Ministers in Stormont could quite rightly make those decisions. They could change the law, and they could make policy decisions on behalf of the people who elected them, and that is what the Bill is about—enabling us to have the best conditions and framework for talks to recommence, and for the parties to come back together and do the right thing by the constituents who elected them.

Vicky Ford: As I understand it, the Bill before us allows vital everyday public services to continue. I wonder whether my right hon. Friend could possibly give us some examples of the types of everyday public services that the Bill will help to continue. I suspect they include health, education and transport—things that we all use every day—and it would give greater clarity to everyone to hear those examples.

Karen Bradley: I would strongly advise my hon. Friend to read the guidance, but she is right: the purpose of the Bill is to enable public services to continue to be delivered; and to enable decisions around infrastructure projects, where there has been clear ministerial direction in the past, to be taken, so that we can see continued economic growth. We have seen incredible economic growth in Northern Ireland over the past 20 years. We have 60,000 more people in employment in Northern Ireland today than in 2010. I want to build on that. I do not want to see Northern Ireland go back. In the absence of an Executive, we are in great danger that Northern Ireland will come to a standstill. We cannot allow that to happen. However, the Bill is about the essential running of public services. It is not about policy decisions or changing the law. It is about enabling civil servants to carry on running those services.

Gregory Campbell: On enacting existing provisions, would the Secretary of State be able to explain something to me? The Londonderry airport, which is owned by a municipal authority, has got money for public service obligation expansions. It is owed £2.5 million from a previous Executive decision, which was not drawn down last year. Is that the sort of provision, which has already been made, that could be decided under this legislation, and the money paid over?

Karen Bradley: It would not be right for me to answer definitively on any decision that a civil servant may make when this legislation receives Royal Assent, on the basis of the guidance, but the hon. Gentleman makes a very good point about the kind of decision that they may make. I have used Londonderry airport. It is a great airport, and it would be great to see more flights coming into it—and out, of course.

Owen Smith: I am a relative newcomer to this place—I have been here only eight years—but I have just been to the Library, the Table Office and the Vote Office, looking for a copy of the guidance that the Secretary of State says she has placed in the Library, and nobody has a copy of it. Would she clarify where it is?

Karen Bradley: I have received a nod from the Box, which means that it is there, but we will check as to why it was not available for the hon. Gentleman, because he should see a copy of the guidance, given that I have said it is vital that Members read it. The hon. Gentleman on the Front Bench who has great dexterity when it comes to mopping up water—the hon. Member for Ealing North (Stephen Pound)—appears to have a copy, so I hope that copies will be available for others.
The guidance sets out a clear framework to support Northern Ireland Departments in making a judgment on whether those judgments should be made in the absence of Ministers. The Bill stipulates that I must have regard to representations from MLAs before publishing the guidance, which would of course also be the case, should there be any need to revise the guidance. I would welcome representations from MPs as well as MLAs on its content before I publish a final iteration, which I intend to do shortly after the Bill receives Royal Assent.
Those in the Northern Ireland civil service have a difficult task of weighing up which decisions they can take in the absence of Ministers, and I again pay tribute to their hard work and dedication. The combination of the Bill and the proposed guidance will provide a framework to inform their decision making. For example, it is advised that opportunities should be taken to work towards the 12 outcomes published in the 2018-19 outcomes delivery plan, based on the draft programme for government developed in conjunction with the political parties of the previous Executive.
The guidance takes as its starting point the fact that there are certain decisions that should not be taken in the absence of Ministers. Senior officers in Departments will then be obliged to consider whether there is a public interest in taking a decision rather than deferring it. The guidance does not, however, direct the Northern Ireland civil service to take decisions on the wide range of pressing decisions raised by various hon. Members in their amendments to the Bill. As I said earlier, the principle that established our interventions over the past year is that we will legislate when doing so is necessary to protect the delivery of public services and uphold public confidence.

Sylvia Hermon: Before the Secretary of State moves on, could she please give some hope and encouragement to the victims of historical institutional abuse in Northern Ireland? We know the recommendations of the Hart report, and we understand from David Sterling, the head of the civil service in Northern Ireland, that legislation was drafted by the summertime. If a departmental permanent secretary does not have the power to take forward the Hart proposals, will the Secretary of State please confirm today that legislation will be taken through this House, because the victims are ageing, some of them are dying, and the situation is morally indefensible?

Karen Bradley: This is a matter that I know the hon. Lady feels very deeply about, and it is the subject of one of the amendments tabled by my hon. Friend the Member for South West Wiltshire (Dr Murrison), the Chair of the Select Committee. The difficulty with the Hart recommendations, as the hon. Lady knows, is that they were laid after the Executive had collapsed, and that   means we have no ministerial direction on which of the recommendations have cross-party support and which do not. Although, from my discussions with parties, it is clear that everybody wants some action to be taken, it is not clear that there is a consensus in favour of every recommendation. However, I am sure the hon. Lady will be relieved to know that the David Sterling has written to me to say that he would like to consult on the recommendations, and I have thanked him for the fact that he is going to do so, because that is something that he can do as a civil servant. Even if he cannot make the final decision on which of the recommendations should be accepted, he can consult on how those recommendations would be implemented, and I welcome that decision.

Emma Little Pengelly: Issues relating specifically to the victims of historical institutional abuse, for whom I think we all feel huge sympathy, have been outstanding for a considerable time. The Assembly collapsed only about a week before the report was due to be published, and that date was known to everyone, but may I suggest that there are other options? For example, we could consider the contributions from the Roman Catholic Church and other institutions that were mentioned in the report. Some work could be done to establish the number of victims who may be able to come forward to claim compensation and redress. It might be possible to consult on a specific scheme, and, rather than just consulting on the recommendations, use the coming weeks and months to make constructive progress in trying to secure justice and redress for the victims.

Karen Bradley: The hon. Lady makes some interesting suggestions. This might be a topic on which we could engage a number of MLAs on a cross-party basis to try to identify where there may be consensus and where there may be recommendations, or other elements, that could be acted on.
The Hart report is an excellent document, and I pay tribute to Sir Anthony Hart, who did a tremendous amount of work. It is right that those victims should receive the justice that is appropriate for them, because they have suffered in a way that they should not have suffered, and all of us in the House feel strongly about that. However, I return to a point that I made earlier. The constitutional settlement is clear, and we cannot cherry-pick the matters about which we feel strongly, on whatever grounds, as matters with which we deal in the House. We have to respect that constitutional arrangement because not to do so would undermine a devolution settlement throughout the United Kingdom, and that would not be the right thing to do.

Sylvia Hermon: May I urge the Secretary of State please to agree to meet Judge Hart? She has rightly praised the integrity of his work, and the professionalism and dedication of his team. Will she also meet the victims of historical institutional abuse? She personally, as Secretary of State, needs to meet them, and to do so in a timely manner. Will she commit herself to meeting those victims, and also to meeting Judge Hart and hearing directly from him his suggestions about how we could implement his report?

Karen Bradley: I have met victims of historical abuse and heard their testimony. As the hon. Lady will know, when I served as a Home Office Minister, the issue of child abuse in England and Wales was within my remit, and I met many of those victims.
I do not need to be convinced of the need to do this, but we need to proceed in a way that is right and appropriate and that respects the devolution settlement. I would like to see MLAs engaging and cross-party discussion on a number of matters. This might be an issue on which it would be appropriate for all parties to come together and begin to work so that we can get a dialogue started, so that parties can start to regain trust, and so that we have the best chance of seeing devolution restored and power sharing at Stormont. That is the key issue.

Gavin Robinson: The Northern Ireland civil service should be engaging with a range of policy decisions, some of which were outlined by my hon. Friend the Member for Belfast South (Emma Little Pengelly). I was surprised to learn from victims only last week that the NICS was engaging with them on a measure that would establish a commissioner for victims and survivors of historical institutional abuse, and a redress board. I find it encouraging that the NICS is doing that, but I find it discouraging that there has been zero political engagement, political discussion or political direction on how best to make progress with these important matters.

Karen Bradley: As I have said, I want to see political engagement and political discussion—I think that that is absolutely vital. We need politicians to re-engage—with civil society, with business and with others—and I am heartened by the initiatives that church leaders have taken to encourage them to do so. I want to see more of that, and I am working with those church leaders and other civic groups to that end. I will reflect on that in the context of the inquiry.

Anne Main: My right hon. Friend is advancing a powerful defence of the reason she is not becoming involved in this particular case, namely the constitutional settlement. Does she not think that bolting on abortion legislation would have the same impact as someone else bolting on the matters that she has just been discussing, and that we really should not be using the Bill as a vehicle for such matters?

Karen Bradley: As I said, a number of amendments dealing with several matters have been tabled, including one specifically about the Hart report of the historic institutional abuse inquiry. The Bill is not the vehicle for such measures. This is a Bill to enable civil servants to make the decisions that are necessary to enable public services to continue to be run. Officials will not make major policy decisions as a result of the Bill, but they will act in the public interest, and I think that that is very important.

Owen Smith: rose—

Sammy Wilson: rose—

Karen Bradley: I will give way to the right hon. Member for East Antrim, but then I must make progress.

Sammy Wilson: Does the Secretary of State accept that while there may be some grandstanding today by Members who want to force into the Bill policies that they particularly want to be implemented in Northern Ireland, against the wishes of the people of Northern Ireland, the Bill will not enable any public official to pursue such policies, regardless of whether an amendment goes into the Bill, because the Bill is not designed to give the powers that would rest with politicians and public representatives to civil servants, and, indeed, it would be unfair to do so?

Karen Bradley: The Bill will enable civil servants to act within the law as it stands today. It will not give them the ability to become lawmakers and to change the law. That is a very important point.

Owen Smith: rose—

Karen Bradley: I give way one final time because I cannot resist the hon. Gentleman.

Owen Smith: How do I respond to that, Mr Speaker? I grateful to the Secretary of State for giving way one last time. My question is about also about Hart. This is not grandstanding; it is pursuing an issue about which many of us—including, I know, the Secretary of State herself—feel very strongly. Is she saying that there is no prospect of legislating in this place to deal with the Hart recommendations, and that that will be done only once the Executive have been restored?

Karen Bradley: What I am saying is that the Bill does not enable that to be done. I am focusing on ensuring that the Bill becomes an Act of Parliament so that we can use the conditions that it puts in place to get the politicians back. The priority has to be a laser-like focus on getting politicians to agree to come back to restore power sharing at Stormont. That is what is best for the people of Northern Ireland.
Let me repeat that these measures do not set or change policy direction on devolved issues in Northern Ireland. That is rightly for the Executive and the Assembly, and our overriding priority is to see them up and running again. The NICS needs certainty about decision-making powers, and we should not be seeking to direct it on issues that clearly require ministerial decisions.
The various principles are set out in guidance rather than in the Bill, as Departments need a degree of flexibility and discretion to enable them to reach appropriate and necessary decisions, and to ensure the continued delivery of public services in Northern Ireland. That guidance, above all else, must be operable for Northern Ireland Departments if we are to provide the clarity and assurance that are needed to ensure that public services can continue to be delivered in the absence of Ministers. We have engaged closely with the NICS in developing the guidance, and the factual information provided by the NICS strongly informed the approach that we have taken to it.
The Government also recognise that, in the absence of an Executive, there will be some decisions that we should make, for instance in relation to the setting of departmental budget allocations for approval by Parliament to ensure that public services continue to function. As I have told the House before, we remain committed to making the decisions that are necessary to provide good governance and political stability for Northern Ireland.  Those are decisions, and actions, that cannot be undertaken without our intervention, particularly when legislation is needed, as it is for budgets and regional rates. When it comes to devolved decisions conferred on Northern Ireland Departments, however, the UK Government and Parliament should not be intervening directly. Therefore, while there is clearly a need to intervene to provide clarity, it is more appropriate for us to set out the framework for decisions to be made by Departments when it is in the public interest to do so, and that is what the Bill will do.
Finally, the Bill addresses the urgent need for key appointments to be made in Northern Ireland and in the UK in circumstances when those appointments require the involvement of Northern Ireland Ministers. Clauses 4 to 6 ensure that key posts can be filled while minimising the extent of UK Government intervention in what are, rightly, devolved matters. Clause 4 allows the relevant UK Minister to make specified appointments, exercising the appointments functions already conferred on Northern Ireland Ministers. As I set out in my written statement on 18 July, these posts are the most pressing appointments. They are essential for good governance and public confidence in Northern Ireland, and include appointments to the Northern Ireland Policing Board, the Probation Board for Northern Ireland, the Northern Ireland Judicial Appointments Commission and the Police Ombudsman for Northern Ireland. These offices are stated on the face of the Bill to address the most urgently needed appointments while minimising the role of UK Ministers in these decisions that should be taken by Northern Ireland Ministers. The Bill takes this narrow approach rather than putting in place a blanket power with a long list of all possible appointments, or transferring these appointments from being ministerial responsibilities to being the responsibility of civil servants. Neither of those alternatives would have been appropriate.
It is important, however, that we provide for a situation in which other vital offices unexpectedly become vacant, or filling other existing vacancies becomes more urgent. For that reason, the Bill includes the provision to add to the list of offices, by means of a statutory instrument, to allow the relevant UK Minister to exercise Northern Ireland Ministers’ appointment functions in relation to additional specified offices.

Paul Masterton: All the appointments in the Bill are justice-based, and I completely take on board the point about those being the most pressing, but how does the Secretary of State plan to continue to monitor what other areas are pressing, because there are lots of roles in other areas that need to be filled, but that will not happen under the Bill?

Karen Bradley: We would use the power only if appointments were urgent and necessary. I would consult the main Northern Ireland political parties before bringing forward regulations, as I did before I introduced this Bill. Essentially, we are allowing appointments to be made to bodies when either a failure to appoint would mean that the body becomes inquorate, or the role is required to command public respect and show full accountability.
A large proportion of appointment functions in Northern Ireland are conferred on Northern Ireland Departments. The provisions that I have already outlined dealing with  Departments’ decision-making powers provide clarity that Northern Ireland Departments are able to exercise the appointment functions conferred on them during the period for Executive formation. They would not transfer to them any appointment functions currently conferred on Northern Ireland Ministers.
The lack of an Executive has also had an impact on appointments to UK-wide bodies, as a small number require Northern Ireland Ministers to be consulted on or to agree an appointment by a UK Minister. The most pressing example is the appointment by the Home Secretary of a new chair of the Disclosure and Barring Service. Similarly, there are appointments made jointly by UK and Northern Ireland Ministers. The Bill deals with such appointments by allowing them to be made without Northern Ireland Ministers, but it retains the Northern Ireland input by requiring the UK Minister to consult the relevant Northern Ireland Department. The changes represent a minimal intervention and a careful balance to ensure that the bodies and offices are able to operate as normal, but without UK Government intervention at a policy or operational level.
The powers given to UK Ministers under clauses 4 to 6 expire at the point that Northern Ireland Ministers are appointed and an Executive is formed. Responsibility for the appointment functions affected by the Bill would then, rightly, revert to the Northern Ireland Ministers.
The people of Northern Ireland deserve strong political leadership from a locally elected and accountable devolved Government. Achieving that remains my absolute priority, and that is why the Bill aims to restore the devolved power-sharing Executive and Assembly, and sets out a fixed period in which I will work closely with Northern Ireland parties to encourage them to form an Executive. During this period, the UK Government will continue to deliver on their responsibilities for political stability and good governance. Northern Ireland has made huge progress in recent years, but we can achieve even more with a devolved Government who unlock all the potential that Northern Ireland has to offer. I am focusing on achieving that outcome—it is the outcome that we all want to see—and I commend the Bill to the House.

Tony Lloyd: May I begin by joining the Secretary of State in offering my condolences to the families of the victims of the Shankill bombing and, of course, to Lord Caine for his own loss?
From now on, there might well be less consensus on Northern Ireland, as it is very difficult to see how the Bill resolves the major issue Northern Ireland now faces. We operate on the basis of consensus, so we in the Opposition will not oppose the Bill’s passage through this House, but the Secretary of State is now straining the consensus that has existed on a bipartisan basis over the years, because the Bill is grossly inadequate for its purposes. We have now had 652 days of inactivity by herself and her predecessors in government. While I totally accept that she is perfectly able to say to others—particularly the leaders of the two major political parties in the Assembly—that they also share responsibility for that lack of action, real energy must be put into this; otherwise what this Bill will represent is simply an  abject admission of failures of the past and a gross lack of ambition and hope for the future, and that cannot be acceptable.
There is a constitutional crisis in Northern Ireland. The public are now entitled to begin to lose faith in the political institutions established under the Good Friday agreement. The public lose faith when they see that those institutions fail to work, and there are many issues, which I will touch on later, where we must have concern about the impact on the lives of Northern Ireland’s citizens. This constitutional crisis is therefore also now developing into a human crisis, and that is the measure against which I say that this Bill is simply inadequate.
In the past, we had the political ambitions of John Major as Prime Minister, working with Albert Reynolds, and Tony Blair as Prime Minister, working with Bertie Ahern, and we had the ambitions of the David Trimbles of this world, alongside at that time John Hume, and later on of Dr Ian Paisley with Martin McGuinness, who were prepared to take risks, but so as well were Secretaries of State and Prime Ministers. David Cameron intervened during the Stormont House agreement process, to make sure the prime ministerial writ was there. We have not seen that level of activity from our Prime Minister. I accept that she is, rightly, preoccupied with Brexit, but Northern Ireland matters, and the constitutional situation of Northern Ireland also matters. We must establish that. That is why the Bill is so disappointing.
Let me address why the Bill has come before the House. It obviously has some merit, and we strongly support the need to appoint people to bodies such as the Policing Board. That is common sense and the right thing to do. The Secretary of State is right to say that we need to prioritise some important decisions and that decisions must be made here in Westminster where those decisions cannot be made in Belfast at Stormont. However, the simple fact is that there are many other areas of activity where we must see action, too.
One of the drivers in bringing this proposed legislation forward is the Secretary of State’s concern that she would be judicially reviewed because of the failure to call an election. Ironically, that refers back to the question asked by the hon. Member for North Down (Lady Hermon) on the Hart inquiry. Victims of institutional abuse could not judicially review questions about Hart, so they took the judicial review about the timing of elections. It is ironic that the Secretary of State brings this proposed legislation forward but can say nothing helpful about the need for compensation for the victims of sexual and institutional abuse that Hart did so much to unearth. We can take those remedies, and I hope that the Secretary of State will think long and hard about why we cannot also see this as the kind of priority that would serve to achieve a consensus across the whole of Northern Ireland.
Equally, the Buick judgment has caused real uncertainty, but it has placed limitations on the capacity of civil servants. We need to be very certain that we are not doing more and returning to the position where we are asking civil servants to make politically controversial decisions that should only be taken by elected politicians, possibly and best of all, of course, in the Stormont Assembly; but if that does not happen, some of those decisions might have to come to the Secretary of State and this House for us to resolve.
This is particularly true in the light of the extraordinarily long period that the Secretary of State has outlined, with no certainty of any movement until March next year and a further five months if that fails. Frankly, it beggars belief that the Secretary of State should have to tell the House that a further five months could be necessary just in case we are close to an agreement at the end of March. That really challenges all our imaginations. It does not seem a reasonable justification of time to say that five more months would be needed to get us over a hurdle if we were almost there. We are all well aware of the interesting calendar that Northern Ireland presents, but we can and must do better than this.
We need to see energy from this Government in bringing together the five-party talks. The Secretary of State told the House on 6 September:
“I have made no decisions about the right way to get talks restarted”.—[Official Report, 6 September 2018; Vol. 646, c. 350.]
That was after 550 days of inaction. Another 60 days have gone by since then. Has she now given any thought to how to get those talks restarted? We need to see some urgency in relation to those talks. We need to see the leaders of the five political parties get round the same table. If they do not come forward—if that is the challenge posed by DUP Members—let us test that. Let us see who does not turn up for those multi-party talks.
The Secretary of State has already been asked about having an independent chair, which has worked in the past. It is difficult to find an independent chair who would be acceptable to all the parties, but it is not impossible. It was not impossible in the past, and it should not be now. If taking that step could begin to unlock this logjam, we must look at taking it. I have also said to her on a number of occasions that we need to re-institutionalise the use of the British-Irish Intergovernmental Conference, which has fallen into disrepute. It is part of the Good Friday institutions, and it has not disappeared. It has not in any sense been abolished. It met once in London, but I understand that the agenda was so slimmed down that it had little merit other than to reintroduce Ministers from either side of the Irish sea to one another. We have to do better than that. We have to get the next meeting in Dublin tabled, with an agenda that will be helpful in moving us all forward.
We need to see a change of gear and a change in energy, because this matters enormously in regard to the sorts of things that will not be done. People have already asked the Secretary of State about matters that they hold dear in their constituencies, such as the airport in Londonderry, the York Street interchange, the dualling of the A5 and the A6, and the introduction of proper broadband connections across Northern Ireland. Those are important issues, and I agree with her that they could be delivered through the capacity of the Northern Ireland civil service under the Bill. However, there are issues that go beyond that capacity and that the civil service would struggle to address. I want to talk about a number of those issues, because they are massively important. I also want to quote the Secretary of State again. She said that, in the absence of a Northern Ireland Assembly,
“the UK Government will always deliver on their responsibilities for political stability and good governance in the United Kingdom.”—[Official Report, 9 July 2018; Vol. 644, c. 757.]
Northern Ireland is part of the United Kingdom, and we are now entitled to see this Government beginning to deliver on those issues.
I want to raise some topical issues. A court judgment in Belfast today involves a woman whom I have met, Sarah Ewart. That judgment allows her to take forward her case that the decision to refuse her an abortion in Northern Ireland was outwith the law. I congratulate Sarah on her bravery in taking her case forward. If she were to win it, where would the remedy lie? The Minister of State is a lawyer, and I hope that he will tell us the answer to that question when he responds to the debate. We know that if Sarah has to fight her case all the way through to the Supreme Court, as has happened in a previous case, the chances are that the Supreme Court will make the identical judgment and say that its judgment is binding because it relates to a named individual. In those circumstances, the Supreme Court will make it absolutely clear that the remedy lies not in Stormont but here in Westminster, because the judgment is about the conformity of the United Kingdom, not just Northern Ireland, with the European convention on human rights. Ministers over here have to think about this, because it is an important human issue.
The hon. Member for Edinburgh West (Christine Jardine) has tabled a helpful amendment relating to the Hart inquiry, and I hope that the House will reach a point at which this issue can be resolved. I repeat to the Minister the pleas that we heard from my hon. Friend the Member for Pontypridd (Owen Smith), the hon. Member for North Down and others about ageing victims. I have met some of the victims, and they are no longer young people. Some of those affected have now passed away over the passage of time, so we have to bring the question of institutional abuse to a conclusion. We have to do what we can to implement the Hart judgment, and we cannot wait until August next year or beyond if the Secretary of State’s ambitions do not come to fruition.
We must also look at what the Secretary of State can do here at Westminster. Again, she needs to show some urgency in trying to resolve the kinds of things that have held up the agenda in Northern Ireland in the past. For example, why is the historical enquiries unit not being set up? There is also the question of pensions for victims of the troubles. These are the kinds of things that can be, and should be, done here. The consultation has taken place, and we need to see definitive action now. We need to see a road map of how the Secretary of State will put urgency into these different processes.
The Secretary of State has said that the Bill deals with important issues, and that is true, but there are still issues of enormous importance that will not be affected by the legislation. There are things that the civil servants will not be able to resolve, but they will still affect the lives of the people living in different parts of Northern Ireland. One issue that I have raised before in the House is the benefits system. The Stormont Assembly was able to provide some mitigation against the impact of Government cuts to welfare spending. Ironically, those cuts are affecting my own constituency and those of Ministers here in England, but the protections afforded to people in Northern Ireland through Stormont are already beginning to expire, and they will have done so by next March. Nothing in the Bill will allow those  mitigations to continue, even though they were consensually built in by the Stormont Assembly. That kind of decision needs to be made.
On a different level, we have heard today that coaching is now being cut back. That includes the coaching of young people through the Gaelic Athletic Association and the Irish Football Association. This might seem small in the bigger scheme of things, but these small things make a material difference to people’s way of life. We also know that Harland and Wolff is looking for decisions about training programmes. Such programmes would enable the company not to import welders from the Baltic states because it would have the capacity to train people from the Belfast constituencies. That would make a huge difference to individual lifestyles there.
I also want to touch on the crucial question of the Northern Ireland health service, which is now in a very bad state. We know that it no longer has the ability to hit the targets that it has established for itself. For example, the target of seeing most people within nine weeks and none over 15 weeks is now being massively breached. There are people with spinal conditions who have waited more than 155 weeks to be seen in Northern Ireland, and that is simply unacceptable. There is a story of a young girl who needs a spinal correction to allow her to lead a normal life. She cannot wait 155 weeks for that kind of treatment and nor should she have to, so we need a real review of what the health service is doing. Looking at waiting lists across the piece, 1,500 people in England wait for over a year, but the figure for Northern Ireland is 64,000. I almost cannot find the right word to describe that situation. It is so grossly unfair as to challenge all our imaginations, and we simply cannot say that it is okay to wait for reform.
Turning to cancer care, several of us are wearing Macmillan Cancer Support badges today because we know the importance of cancer treatment. In Northern Ireland, the cancer targets that were established in 2009 have never been met and people are waiting months to be seen. We know that any delay in the first exchanges with doctors can delay treatment and that delayed treatment causes death. I therefore have to say to the Secretary of State that the failure to deal with health reform in Northern Ireland is causing premature deaths among the people of Northern Ireland, and that problem is just as important as seeing people on the Northern Ireland Policing Board—important though that is.

Nigel Mills: I agree with the hon. Gentleman that we would all like to see action on those important issues. He has listed actions for probably about half the Northern Ireland Departments, but what solution should the Government adopt? Yes, we would all like to see the Assembly administered, but if we cannot get that, is he suggesting that we should have direct rule so that we can take such decisions, or does he have some creative solution?

Tony Lloyd: In the past, previous Northern Ireland Secretaries have taken specific action from Westminster—not direct rule, but specific action—in areas of great urgency, such as social care. Looking for specific actions now would show not only that we are taking this  constitutional crisis seriously, but that we are taking the human crisis seriously, too. I think that matters, and I hope that the Secretary of State will reflect long and hard on that. We have a few days between now and this Bill going through its stages in the House of Lords, so I hope that the Secretary of State can reflect in that time on what can be done—what ought to be done—to begin to consider some of the issues being raised.
Labour strongly supports the need to appoint people into the right official positions. That is certainly one of the reasons why the Bill has to go through the House today—I hope that no hon. Member would want to see it delayed—but we are worried about the operation of the new powers for civil servants. It must be made clear that they are not politicians and have no mandate to make new decisions. The Secretary of State said that at the Dispatch Box, and I respect her intentions and do not doubt that she meant what she said, but the letter of the law gives enormous power to civil servants, so we need transparency around their decision making and clear and binding guidance to ensure that there can be no excessive action.
In the end, the responsibility for the things that I have discussed—health in particular—should be with the Stormont Assembly and the Executive, but if that cannot happen, it will have to come to this House. I have spoken to the Secretary of State in private about this, but I do not think that I will be breaching her confidence to say that my worry lies with the length of time that is built into the Bill. When the original discussions took place across this Chamber some months back, we were talking about a fairly limited operation, but that has now expanded enormously, with the first knife coming at the end of March and the second in August. That is an awful long time. We have already had 650 days of no change, and we face half as much again if we reach that August deadline. That is not acceptable for the people of Northern Ireland; it is not acceptable constitutionally; and it is certainly not acceptable for the people who need better from this Government.

Nigel Mills: I am grateful to be called in this important debate and am happy to support this Bill. The measures within represent a sensible compromise, but this is like trying to find the least bad of all the really bad options. We would all agree that by far the best situation would be to have an Assembly and to have Ministers of the Executive in place taking such decisions, but that is not the situation that we are in, and it is not one, based on the dates set in this Bill, that I suspect we are going to see in the next six, eight or even 10 months. The question now is about what we should do here for the people of Northern Ireland to try to get important decisions taken to deliver public services as best as they can be delivered, to try to improve the economy in Northern Ireland, and to try to improve the lives of ordinary people.
There are no easy options here, and the most extreme would probably be to appoint direct rule Ministers from this Parliament to take such decisions. That would lead to sensitivities in the relationship with the Irish Republic and the nationalist community, which is sadly not represented in this House—at least not by any nationalist MPs. That is a radical decision that the Government are not keen to take. However, we could have been pursuing  other possibilities to try to get a bit nearer to a situation in which we could take some of the decisions that need to be taken. The Northern Ireland Affairs Committee published a report that discussed how we could at least have a shadow Assembly or allow the committees to meet just to get some local engagement and local scrutiny to allow some decisions to be taken from here that have some level of accountability in Northern Ireland.

Sammy Wilson: The hon. Gentleman is making some interesting suggestions as to how there could be some democratic accountability even in the absence of a functioning Executive. However, just as Sinn Féin has blocked the formation of the Assembly and the introduction of direct rule, it has also made it clear that it would not even accept that level of accountability. That is where the real problem lies. Sinn Féin—the boycotters—have been pandered to for far too long.

Nigel Mills: I accept what the hon. Gentleman says and do not pretend that any of the solutions are easy. Such issues were tested by the Select Committee, but it would have at least been worth trying to see whether we could have some sort of cross-community committees or assemblies. Even if Sinn Fein boycotted them, hopefully the other parties in the Assembly would have been willing to attend. There is a real prize here. There are decisions that need to be taken that would be of great benefit to Northern Ireland, but they will not be taken, even with the powers we are discussing here. If we could have found a compromise that got at least some of those things moving forward, it would not in any way have been a perfect solution, but it would have been better than what we have here.

Gregory Campbell: The hon. Gentleman is making some constructive suggestions, some of which have been made by some of us before. We have an education crisis at the moment, and many schools deplore the current funding position. Does he agree that if MLAs from across the divide in Northern Ireland were to convene in Stormont to discuss a way forward and to make representations to the permanent secretary, they may find that they have much in common and may eventually say, “Why aren’t we back in here taking the decisions, rather than letting one party block everyone else from doing things?”?

Nigel Mills: That was roughly what I was alluding to in my response to the previous intervention. If we can find some way of having cross-community meetings and engagement and some sort of agreement that can then allow a decision to be taken here, that would be real progress. However, there would still need to be some Minister in this Parliament to take such decisions with the cover of that level of consent or agreement from Northern Ireland, but the Bill does not provide for that.
I am pretty torn about what I would have had as my priority for this Bill. We want decisions to be taken, but we are so far from when the Executive last met that it is unlikely that most of the decisions that we want to have taken will have had any clear steer from the Executive. We therefore need some level of political decision making here when we cannot rely on previous guidance, and we  would all want such things to be done by Ministers with some level of accountability and some public scrutiny, not behind closed doors.
My other concern about the Bill is whether Parliament has gone too far. We are now giving huge power to civil servants, and huge power to the Secretary of State to issue guidance that those civil servants have to follow. We are in danger of allowing a situation that we would never normally allow in England. We would all be up in arms if the Government introduced such a Bill for our constituents in the rest of the UK, saying, “We don’t really want to have Parliament scrutinising and deciding all these things. We are going to give the Secretary of State far more power to issue directions to the civil service to take really important decisions.” We would say it was completely unacceptable and undemocratic, that it weakened Parliament and that there was no public scrutiny or public accountability. We would never agree to it.
With this Bill, in effect, we have been forced to find a compromise between those two extremes of wanting decisions but not wanting to have too much power in the hands of civil servants. We have found a compromise: the Secretary of State has to issue certain guidance and the civil servants have to have regard to it. We all know what “have regard to” means. It means that civil servants have to do it unless there is very good reason not to  do it.
I am probably in the same place as the Government, and I reluctantly accept that the only way to balance those competing objectives is to have this halfway fudge of advancing a little further, of pushing at the boundaries of what civil servants can decide. We get there by having guidance from an elected Secretary of State. She can encourage, advise and guide civil servants to do certain things, giving some cover from court cases. That is about as far as we can get without appointing direct rule Ministers.
Parliament should be careful to make sure the Bill contains all the protections we want to see. We may or may not have much time to debate the amendments in Committee, but some of the amendments would be helpful, because there is nothing in the Bill, for example, to stop the Secretary of State revising the perfectly reasonable and sensible draft guidance she has published to stick in some important decisions she would like to see taken. At no point in the next six, eight or 10 months —however long this period lasts—would any of us, including the Secretary of State, want to be in a situation where difficult, conflicting, controversial decisions are directed through such guidance because there is no other way of making them.
None of us would like to see hospitals being closed in Northern Ireland through guidance issued by a Secretary of State with no public scrutiny. Such things could be done through guidance, and those decisions could arguably be in the public interest if civil servants felt they were consistent with the best delivery of health services. We could see all manner of difficult things being done, consistent with this Bill, that we would not normally allow.
It would be a constructive step forward if there were a provision saying that, if the Secretary of State wanted to change the guidance she had already published, the new guidance had to be published in draft so it could be   scrutinised by the Select Committee to make sure it contained nothing to which this House would not have agreed in advance of this Bill.
The Bill does not say what happens at the end of March or August, whatever period we end up with. Are we saying that this really is the last chance and that, if an Executive cannot be formed by the end of March or August, there has to be an election? We have stretched the wording of the Northern Ireland Act 1998, on the Secretary of State’s duty to propose an election date, for some 350 days. If we get beyond the period for which we are legislating, we cannot stretch it any further. There would have to be an election pretty much forthwith to give the people of Northern Ireland a chance to choose one or more different parties that may be more constructive in their discussions.
I would have liked the Bill to make clear the intentions of this Government and this House. The Northern Ireland Act was agreed between the parties and legislated for by this House, and the consequence of an Executive not being formed is that an election date should be proposed. We do not yet have an election date, which is the right call. An election probably would not have made any great difference over the past few months, as the same two parties would have been put back in the same position, but surely we cannot let this continue forever.
If we get to the end of March or August, is it the Government’s policy that there would then be an election and, as everyone probably thought was the case, we revert back to keep trying elections until something else happens? What happens if that still fails? Would we say, “After the election there will be a period for talks, and if you cannot form an Executive by the deadline, it has to be direct rule”? Is that the Government’s plan, or do they plan to limp through until the end of March or August and revert to the position we have been in for the past 350 days?
We are trying to give certainty to the civil service and to the people of Northern Ireland about the position. It would be good to have some certainty on the consequences if no deal can be reached.
My final comments are on appointments. It has to be right that we cannot have important bodies in Northern Ireland and elsewhere not meeting and not functioning because we have not been able to appoint people to them. It makes sense to find a way to make consensual appointments with which all sides of the debate are happy, but those decisions are meant to be taken on a cross-community and cross-party basis in Northern Ireland, and they now have to be taken—I accept with consultation—by the Secretary of State in Westminster. Allowing some form of public scrutiny on the most senior proposed appointments would be helpful in giving confidence that the right people for those jobs are being appointed. Allowing pre-appointment hearings by the Select Committee for key appointments would be a positive step in showing the people of Northern Ireland that the right people are being entrusted with those important functions.
There are ways to improve the Bill but, in the current situation, it is a sensible compromise and it is the best way to achieve the competing objectives. I happily support Second Reading.

Gavin Newlands: I echo the comments of both Front Benchers on the Shankill bombing. I was 13 at the time, but I remember the incident vividly. I particularly remember the children who were killed, one of whom was also 13, which is one reason why it sticks out. My thoughts and the thoughts of my colleagues are with all those affected by the bombing and the associated attacks that followed.
I reiterate once again that we are extremely disappointed that it has come to this. We accept, rather reluctantly, that the Bill has become necessary amid the current legislative vacuum in Northern Ireland. I have just attended my first British-Irish Parliamentary Assembly, and I found it an extremely useful, enjoyable and sociable event. I met new people from across the UK and the Crown dependencies to discuss the important issues we face together.
Brexit, as would be imagined, was the main topic of conversation. That being said, some of the conversations about Stormont and the restoration of the Executive were rather frustrating. Many people seem to accept that meaningful talks will not resume until after Brexit, which is ultimately why we are debating this Bill today and why we reluctantly support it. However, on behalf of the SNP, I urge the Secretary of State and all parties to get back round the table with a sense of purpose and urgency. Given the importance of the European Union to the Good Friday agreement, it is imperative that Northern Ireland’s collective voice, the voice of its elected Assembly, is heard on Brexit.

Anna Soubry: Does the hon. Gentleman share my concern that, apart from the hon. Member for North Down (Lady Hermon), we do not hear the voice of the majority of people in Northern Ireland on Brexit in this Chamber? The majority of people in Northern Ireland—now the overwhelming majority, according to new polling—voted for us to stay in the European Union. Does it trouble the hon. Member for Paisley and Renfrewshire North (Gavin Newlands), like it troubles me, that we never hear their voice?

Gavin Newlands: I wholeheartedly agree with the right hon. Lady. Sinn Féin’s decision not to use their voice is a matter for them. However, only last week the Prime Minister turned down a request to meet the four major parties that advocated a vote to remain in the European Union—Sinn Féin, the Social Democratic and Labour party, the Alliance party and the Greens.

Gregory Campbell: On the parties getting round the table to try to reach agreement, does the hon. Gentleman agree that what the people of Northern Ireland and the people in this House need to hear from each and every one of the parties is two words: “We’re ready”?

Gavin Newlands: From the conversations I had in the past couple of days at BIPA, I can say that some have that desire to get back to the table. That came from all parties I spoke to—people from either community and from none. That is what I heard, but I also heard resignation that it might not happen.

Anna Soubry: It is important that we make the record clear: just as among Conservative and Labour voters there is division, so one cannot say that it is Sinn Féin that represents remainers. Many Unionists voted to remain, and no doubt many republicans voted to leave. The point is that their voice is not being heard in this Chamber.

Gavin Newlands: I am grateful to the right hon. Lady for making that point, as I had not intended to portray it. I have spoken to several Unionists who voted remain, so she makes a valid point.

Nigel Dodds: rose—

Jeffrey M. Donaldson: rose—

Gavin Newlands: I am going to make some progress, and then I will come back to the right hon. Members.
The people of Northern Ireland have spent too long in limbo. As we have heard from both Front Benchers, key decisions have to be made and functionality must be restored. The people of Northern Ireland deserve better than this. The Scottish National party, like most Members of this House, firmly believes that new talks must be established immediately to restore the Executive and Assembly. The Secretary of State has to come off the bench on this and be much more proactive, not in legislative terms—we see that today—but in leadership. Along with Irish Government counterparts, she should be working night and day to initiate a new round of inclusive talks. With the UK Government totally distracted by Brexit and internal party infighting, I say again that an independent mediator could and, if no early progress is made, should be brought in, so that progress can be made for the sake of good governance in Northern Ireland.
Nothing must be done to undermine the Good Friday agreement, so this piece of legislation must be temporary. Given the five-month extension the Government have built into the Bill, and from conversations I have had with Members from all communities, it seems to me that there is consensus that Stormont may not get back up and running until September, following the council elections and the marching season. That is almost another full year from now, and for me and many other Members of this House that is a matter of real regret.
There is also general consensus, on all sides, that this Bill has, sadly, become necessary, but there are also concerns that having to legislate at all is potentially a slippery slope and a situation that must not be allowed to drift or be extended beyond what is absolutely necessary; a political vacuum must not become the new normal in Northern Ireland. I am relieved that the Government have conceded that their Henry VIII powers in clause 4 were not justifiable, and have heeded the concerns of the House of Lords report and tabled amendments so that the affirmative procedure is used instead.
Amid ongoing austerity, the absence of decision making is straining Northern Irish public services. Decisions are urgently required to provide direction and funding to vital services. As we have heard, current conditions are placing particular pressures on health and education, which are among the most important services a Government can deliver. The collapse of the Executive and the subsequent failure to deal with the situation has also  placed great stress on the civil service in Northern Ireland. Direct rule can never be countenanced, but as the shambolic Brexit process is a central reason for the ongoing crisis, the UK Government have a responsibility to ensure talks progress swiftly. The chaos within the UK Government must not be used as an excuse for the lacklustre attempts since February to re-establish political institutions in Northern Ireland. After all, this is not just about public services and appointments; it is about protecting and maintaining the peace process.
I do not want to be accused of scaremongering or of attaching more significance to this than it warrants, but yesterday the first report of the Independent Reporting Commission was published and, although there were clearly parts we can all welcome, the commission is clearly concerned about the impact of the ongoing political impasse. The report praises all those in the public, voluntary and community sectors who are working to tackle paramilitarism, but it says that the absence of political leadership has been a significant impediment to that task. It also notes that in the absence of an Assembly, new powers, such as unexplained wealth orders, cannot be introduced, and that any change in the current regime for managing paramilitary prisoners cannot be considered in the absence of a Justice Minister. I sincerely hope that in reading that report the Secretary of State has been given a renewed sense of urgency on talks.
I turn back to Brexit, as it is wreaking havoc on every aspect of politics in these islands. The broader instability caused by Brexit is a central reason why it has proven so difficult to restore the devolved institutions in Northern Ireland. There are many reasons why the Executive and the Assembly collapsed, but it is Brexit, the elephant in the room, that is prolonging the concerning political vacuum. I remind colleagues across the House that March is quickly approaching and we still have no confirmation of plans to extend the period for withdrawal. The threat of a new border becomes closer by the minute.
Northern Ireland is the central conversation in the Brexit talks, so it is vital that its voice is heard. As we have heard so eloquently, in June 2016 Northern Ireland voted by 56% to remain in the European Union, as 62% of Scots did. The Government continue to try to ignore Scotland—will they also ignore the people of Northern Ireland? If the UK Government plough on with a no deal hard Brexit, they will wreak further havoc on the businesses, public services and entire economies of all within the UK. That is nothing short of economic vandalism of the highest order.
As we have seen from reports, Northern Ireland will be hit hardest by a disastrous no deal scenario. This month, business leaders in Northern Ireland have warned that a no deal must be avoided at all costs. According to the Government’s own figures, crashing out would shrink the Northern Irish economy by 12%. The Director of CBI Northern Ireland has warned that this would be the equivalent of another financial crisis. This would be a dramatic hit to GDP inflicted upon the people of Northern Ireland despite their vote to remain.
We in the SNP want to see stability, and strong and inclusive economic growth in Northern Ireland. We want to see Northern Ireland grow, so that public services, businesses, families and individuals can prosper. After all, not only is a prosperous Northern Ireland  good for all who live there, but it is in the interests of Scotland, and indeed of England, Wales and our friends across the European Union. The twin threats of a new border and massive economic damage can be easily removed if the UK pursues a policy of staying within the European single market and customs union; there would be no need for new economic borders across land or at sea. Trade and relationships, business or personal, would continue to flourish between Northern Ireland and the Republic of Ireland, and beyond.
In a blatant attempt to wreck any agreed backstop in Northern Ireland, the European Research Group cynically tabled reckless amendments to this legislation. The hon. Member for Wycombe (Mr Baker) subsequently withdrew them on Monday, saying that it would not be in the “public interest” to attach them to emergency programming. Perhaps for the first time I find myself in agreement with him and his ERG colleagues, but I would go further and suggest to him that his group and its entirely regressive aims are not in the public interest, and the less we hear from them, the better.
I remind Members that in December last year the UK Government agreed the need for a backstop in the first phase of negotiations with the EU, so they must stay true to their word.

Karen Bradley: I am listening carefully to what the hon. Gentleman is saying, but I wanted to make a point about the amendments tabled by my hon. Friend the Member for Wycombe. He withdrew those amendments because he recognised the necessity of this Bill for the people of Northern Ireland. I thank him for having done so, because it has meant that the people of Northern Ireland, who need their public services to continue to be delivered, will be able to have that, as this Bill will not now be affected by amendments that would have served to wreck it.

Gavin Newlands: I appreciate the intervention from the Secretary of State, whom I am sure had to urge the hon. Member for Wycombe to withdraw the amendments for that reason. The simple fact is that they should never have been tabled in the first place. In order to protect the Good Friday agreement, Northern Ireland must achieve a special relationship with the EU. The SNP will never support wrecking amendments designed to undermine the backstop and, thus, undermine the Good Friday agreement. Just last week, the First Minister of Scotland said:
“we fully support the Good Friday Agreement and the maintenance of an invisible border. And so the Scottish Government will do nothing to stand in the way of Northern Ireland achieving a special relationship to the EU, if that is what is required.”

Jeffrey M. Donaldson: Like the right hon. Member for Broxtowe (Anna Soubry), a majority of my constituents voted for Brexit. They do have a voice here, and I am that voice.
On the backstop, the hon. Gentleman spoke a lot about the need for economic growth in Northern Ireland, and prosperity is a key part of the peace process, so does he understand our concern that the backstop, which would create a border in the Irish sea and a customs barrier between Northern Ireland and its single  biggest market—a market that produces more business for us than the European Union states and the rest of the world combine—would not be a good idea for the benefit of our economy?

Gavin Newlands: I disagree with the right hon. Gentleman. It is clear to most people in this Chamber that the answer is for all UK countries to remain in the single market and customs union, which would take away the need for any border in the Irish sea. I should add that my constituents voted two to one to remain, and they certainly have a voice in this Chamber, too.
Many Members from different parties will agree that the best option across the UK is, as I just said, continued membership of the customs union and single market, which would resolve the need for any economic borders or increased regulation. This policy, which the Scottish National party has proposed for a long time, would also act to protect jobs and livelihoods in Northern Ireland, as well as in Scotland and right across the UK. It is the only political and economic position and policy that makes sense and is achievable.
The UK must give Northern Ireland and the restoration of its Assembly the attention that it deserves and requires. The delays in the establishment of effective talks can  no longer be accepted. The Government must get round the table and help to restore the Northern Irish Executive and Assembly to full functionality. The institutions of the Good Friday agreement must be championed and restored by all in this House.

Rosie Winterton: I have now to announce the result of the Division deferred from yesterday. In respect of the question relating  to electricity and gas, the Ayes were 304 and the Noes were 203, so the Ayes have it.
[The Division list is published at the end of today’s debates.]

Andrew Murrison: It is a pleasure to speak in this Second Reading debate. May I start by expressing my admiration of and gratitude for the Secretary of State’s energy and perspicacity in trying to achieve a settlement in Northern Ireland? Whatever regrets we have about the situation in which we find ourselves, we are all united in our admiration for the energy that the Secretary of State has applied to this process. I sympathise with her, because in the actions she is taking she is trying to sail between Scylla and Charybdis: on the one hand, she must do nothing that would impede the restoration of proper democracy and the devolved settlement in Northern Ireland; on the other, she must do what she knows to be best for the people of Northern Ireland. I shall comment largely on my perception of Northern Ireland lagging well behind where it should be, and increasingly so. I shall express in unequivocal terms my fears about what that might mean in 10 months’ time, if we are no further on.
On Monday, I had the great pleasure of visiting Belfast with members of the Northern Ireland Affairs Committee. For the first time—to my very great shame—I visited the Royal Victoria Hospital, where I talked to deeply committed and dedicated professionals who are right at the top of their game and who work there doing  their very best for the population of Northern Ireland. I must say to the Secretary of State that I came away deeply depressed, because it is clear that Northern Ireland is not getting what it deserves. In comparison with the population of the rest of the United Kingdom, it is lagging significantly behind on key healthcare indicators. We heard that morning from service users, particularly in the fields of mental health and cancer care—key healthcare areas. Were their experiences to be replicated in our constituencies, we would be very upset indeed. The reasons are complicated, but we are left to conclude that the absence for nearly two years now of Ministers capable of taking decisions is a significant part of the piece.
We are now to complicate another 10 months of potential delay, with no clear solution following that. We could call another election but, as has been alluded to already, without good will on the part of both the principal parties in this matter, it is likely as not that we would get pretty much the same outcome. I have detected no particular enthusiasm or appetite for an Irish language Act, which is the biggest roadblock to the process. I get a lot of people asking, “Why don’t I have the same healthcare expectations as people over the other side of the Irish sea?”, but I do not get angst expressed to me about the inclusion of an Irish language Act. It is self-evident that the vast majority of people in Northern Ireland simply want to get on with their lives. They want to have expectations across a range of public sector functions that at least approximate those that exist in Great Britain. It is a failure for all involved if they do not achieve that sort of approximation. We have a devolved settlement, so there will always be difference—of course there will—and I guess we should celebrate that, but the people of the United Kingdom have a legitimate expectation that, broadly speaking, outcomes will be similar right across the piece. That is not the case in Northern Ireland, and it is getting worse. We have to work out a way to deal with that.
I welcome the Bill, but it should have been introduced to the House well before now—incidentally, that would have given us more time to consider it—because I am afraid that the situation we are currently in was predictable. We have simply lost time. In so far as it is a straightforward, simple Bill that will achieve the outcomes that the Government want, I very much welcome it, although I would have gone much further. The need to go much further is in the guidance. I hope the Secretary of State has some sense from the House that we are likely to support her in the development of the guidance in the months ahead.
I assume that the guidance is the same as that which was given in draft form to the helpful Northern Ireland Office officials who briefed the Northern Ireland Affairs Committee a few days ago. Getting hold of a copy today was quite difficult, but if it is more or less the same, I have been through it and must say that it is cast in extremely anodyne terms. It refers to decisions made by the Executive who have now folded, and to the draft programme for government and its 12 exciting outcomes, which are of course not outcomes at all but aspirations cast in the most anodyne terms imaginable.
In the weeks and months ahead, the Secretary of State will be faced more and more with Northern Ireland slipping backwards compared with the rest of the United Kingdom, unless some fairly significant policy decisions  are made. I do not know the extent to which, on the basis of this Bill, it is safe for the Northern Ireland civil service to make some of those decisions, because some of them are really quite complicated, but they need to be made if we are to see key public services restored to the level at which they should be.

Sammy Wilson: Does the hon. Gentleman share my concern not only about the policies that the civil servants will not implement—indeed, the Bill would not give them the powers to implement them anyhow—but that civil servants may even avoid the day-to-day functions of government, because the Bill does not instruct them to do anything? It simply says that it does not prevent them from doing anything. Given the inertia, caution, procrastination and lack of decision making that we have seen so far in the Northern Ireland civil service, there is no guarantee that any decisions will be made, even with the Bill.

Andrew Murrison: With respect to the right hon. Gentleman, he is a little harsh on the Northern Ireland civil service, because of course civil servants will act as civil servants always do. They are not politicians, they do not do policy and they are acutely aware, all the time, of legal challenge. I take my hat off to David Sterling and his people for doing what they have managed to do since January or March 2017, but the fact is that key decisions have to be made. We have already heard about the distinction between policy and decision making; some of the decisions are policy, but some are simply nuts-and-bolts decision making. I fear that there will come a point when the line will be crossed, and the Secretary of State may very well come back here to seek further guidance from this House on what she can legitimately do to prevent the backsliding to which I have referred and hopefully start making progress on some of these key public service areas.
Reading through the guidance, I am heartened because it seems to give the Secretary of State really quite a lot of scope. She will have heard—and, I suspect, will continue to hear in the balance of this debate—a great deal of support from across the House for her being pretty proactive in issuing guidance to the civil service so that it can do what is necessary to advance the day-to-day living experience of the people of Northern Ireland. In particular, I note the enjoinder in the guidance that “particular weight” must be given to the avoidance of
“serious detriment to the public interest, public health and wellbeing”.
In response to the point made by the right hon. Member for East Antrim (Sammy Wilson) a few moments ago, I will reflect briefly on one example, which I mention as an exemplar more widely explicable to the whole piece. At the Royal Victoria Hospital on Monday, we heard from a group of cardiologists—people who are leaders in their field—how the inability to share data with the rest of the United Kingdom was proving to be an impediment because there was a failure of a particular decision that had to be made by a Minister. That has clear implications for healthcare in Northern Ireland, because if Northern Ireland cannot compare and contrast its performance and what it is doing with other parts of a similar healthcare service, it cannot really make improvements. That is just a small example of the kind of thing that we are talking about today  which I hope will be covered in the guidance. I urge the Minister to ensure that the guidance that she issues is much more specific than that laid out in the framework published today. I think that she will end up having to issue really quite a lot of guidance, and I urge her very strongly indeed to push the limits as far as she possibly can.
I was particularly taken with the remarks of the hon. Member for Rochdale (Tony Lloyd), who speaks for the Opposition. It is actually quite rare in this place that there is much in the way of consensus. Mercifully, reaching it tends to be easier in matters to do with Northern Ireland than in most public policy areas. The hon. Gentleman’s remarks, which I very much welcome, were exceptionally positive in regard to our sense that the Secretary of State really will have to issue guidance that is as prescriptive as possible, within the scope of the Bill, in order to move things along in Northern Ireland. That is the sense that I got from the hon. Gentleman’s remarks.
I do not wish to go on too much longer, but I want to mention another point. In the Brexit context—there is always a risk that a debate like this will be overtaken by the issue of the moment—a great deal is going on in Northern Ireland at the moment that is of a unique nature. I have mentioned healthcare, but much of the economy in Northern Ireland is pretty unusual and has a uniqueness that needs to be reflected by those who are currently dealing with Brexit. Of course, it is a perfect storm in a sense, because not only is there a uniqueness regarding the various sectors; there is also a lack of an Executive—of a body advocating specifically for Northern Ireland. Now, the Government will say, “Well, it’s for us to negotiate in Brussels”, which is perfectly true, but we know full well that Scotland and Wales are separately making their points to our interlocutors in Brussels. That is not the case for Northern Ireland.

Sylvia Hermon: In relation to Brexit and the Secretary of State’s guidance following this legislation, would it not be helpful for the Secretary of State to look back at the letter signed—if my memory serves me correctly—on 13 August 2016, just months after the referendum, by both the then First Minister Arlene Foster and the then Deputy First Minister, the late Martin McGuinness? Would not that be helpful in showing the priorities that the then First Minister and Deputy First Minister felt were relevant in the Brexit negotiations?

Andrew Murrison: I usually agree with the hon. Lady and I agree with her on that point. Of course, the general principle in these matters is that one relies on what has gone on before—the decisions of the Executive and so on. It would certainly be in that tradition and spirit to rely on the remarks of the First Minister and Deputy First Minister at that time, as a starter for 10.
The issue I have is exemplified by the farming and growing sector in Northern Ireland, which the hon. Member for North Down (Lady Hermon) will remember we have debated at some length in the Northern Ireland Affairs Committee. There are particular facets of Northern Ireland quite apart from the border that need to be considered in the context of Brexit. It is important for provision to be made to ensure that that happens. I am  not clear that it has happened to the extent to which I would like, and I ask the Secretary of State to reflect on that.
I also ask the Secretary of State to reflect on the Select Committee’s report, “Devolution and democracy in Northern Ireland—dealing with the deficit”, which we published in May, and which made some helpful suggestions on how she might consult with the public and various bodies in the absence of an Executive. If this goes on and on, and she is led more and more to issue guidance and consider policy, it is helpful—particularly in the context of the Good Friday agreement, but in any event—to ensure that she has consulted as widely as possible.
If I feel a little disappointment about this Bill—a very concise piece of legislation, on which I congratulate the Secretary of State—it is because it has not really reflected in any meaningful sense the recommendations made in the Select Committee report, which is now just months old. I think that is a mistake, because some of the suggestions are pretty unobjectionable and would have helped matters along, particularly measures such as civic forums, which have been tried before quite successfully and which could give the Secretary of State the sort of confidence that she was doing things that had the support of the majority of the people of Northern Ireland. That is in no way to try to subvert the institutions set up by the GFA or to suggest that they are not going to be restored, but in the interregnum it is important to get some sense of what people want. Those sorts of innovative bodies are a possible solution in the context of Northern Ireland.
We all hope that the Executive will be restored sooner rather than later—I think that the Secretary of State is as confident as she possibly can be that this will all happen within the next 10 months—but Northern Ireland is a unique and special place, and sadly we cannot necessarily guarantee that that will be the case. We therefore need—this has been mentioned previously—some idea about what will then happen.
We have to work on the assumption that a further general election will result in nothing new. Sometimes when we throw the cards up in the air, they fall down in a way that may surprise and delight us—or otherwise—but our working assumption has to be that such a thing will not change very much, which is presumably why the Secretary of State has not called an election up to this point. We will then have to decide what to do. Although I welcome the Bill, we cannot continue to kick the can down the road. One way or another, sadly by force of circumstance, the Secretary of State may again have to start making some of the difficult, crunchy decisions that have been made in this place since 1998.
One thing is for sure: it is simply not acceptable for the people of Northern Ireland to continue to sustain the sub-optimal public services about which my Committee has heard evidence, despite all the hard work of those on the ground and all the effort to try to stop up the gap indefinitely. I sympathise with the Secretary of State in her dilemma and absolutely support her intention to get the Executive back up and running, but I sound a cautionary note and ask her to start thinking: what on earth do we do in 10 months’ time, when we are back in the same place?

Gavin Robinson: It is a pleasure to follow the hon. Member for South West Wiltshire (Dr Murrison), the Chairman of the Northern Affairs Committee. In his response to the Bill, he was, as always, considered and thoughtful. He highlighted the lack of ambition that we would ultimately like to see for good governance and for democratic decision making in Northern Ireland.
At the commencement of these proceedings, the Secretary of State made an announcement of condolences to the noble Lord Caine. May I take this opportunity, personally and on behalf of my party colleagues, to extend our condolences to the noble Lord Caine and to his mother following such a bereavement?
There has been a lot of talk so far about the Bill, and there is at least one level of consensus: it is what it is. It is not ambitious. It does not deliver good governance in Northern Ireland. It does not compel decision making in Northern Ireland. It provides no legislative vehicle for issues that require legislation in Northern Ireland. We understand and accept the position that the Secretary of State finds herself in—the constitutional barrier that she is wrestling with—but she knows that we are of the view that this place should be taking a much more interventionist approach towards the affairs of Northern Ireland and that, in that sense, the Bill is an opportunity missed.
I do, however, want to convey my appreciation to the officials from the Northern Ireland Office who have engaged directly with me and with my hon. Friend the Member for Belfast South (Emma Little Pengelly) in our consideration of this Bill. I spent much more time with them than I had planned to, and I think they spent much more time with me than they wished to. I think it fair to say that, while we are where we are, it is not ultimately where they or we would wish to be in terms of how we see this Bill.
But one thing is certain: we should not be here. We should not be yet again considering how we deliver for Northern Ireland in this Chamber—it should be happening at Stormont. Although we have thus far today considered this issue only lightly, Sinn Féin Members need to end their boycott of good governance, of democracy and of participation at Stormont and here at Westminster. They refuse to allow the re-formation of an Executive; they refuse to see a meeting of the Northern Ireland Assembly; and they refuse to take their seats in this House. They have shown no sign that they recognise the concerns of the people of Northern Ireland. They show no sign that they are impacted by the lack of decisions being taken in Northern Ireland. They show no sign that they are concerned about people on ever-increasing waiting lists and ever-increasing housing lists, or about the extension of our mitigation on universal credit and welfare reform that needs to be renewed next year. They show no sign of concern whatsoever.

Sammy Wilson: Does my hon. Friend agree that it is not fair that those Members of the Northern Ireland Assembly who do want to address those issues on behalf of their constituents are being punished by the Sinn Féin lock-out at Stormont? Until it is grasped by the Northern Ireland Office and by the Secretary of State that the responsibility lies at the door of only one party, and unless either the system for establishing the  Executive of Northern Ireland is changed or it is made quite clear that sanctions will be imposed, this situation will continue, because there is no penalty on Sinn Féin.

Gavin Robinson: My hon. Friend is entirely right. The majority of the 90 Assembly Members who have been elected to serve their constituents put themselves forward because they believe in public service, not stagnation. They are not like a puerile child participating in a game, not liking the rules, recognising they are not scoring goals, picking up the ball and walking off the pitch.

Jeffrey M. Donaldson: Further to the point made by my right hon. Friend the Member for East Antrim (Sammy Wilson), in the discussions on the Bill with the Northern Ireland Office, we put forward a modest proposal that, to give some democratic accountability to this mechanism in Northern Ireland, the Assembly Members, on their reduced pay, should have a role in scrutinising the Departments that will exercise the decisions that fall subject to the Bill. The Northern Ireland Office told us that it was not possible to do this because Sinn Féin was unlikely to take part in such scrutiny mechanisms. Sinn Féin has a veto over even the most modest of proposals. How long are this Government going to allow Sinn Féin to veto democratic progress in Northern Ireland?

Gavin Robinson: That is an incredibly fair point to make, and I intend to address it later on. There has been a dereliction of duty. The opportunity to serve the people is not being taken by one party and one party alone. As it holds out for its purely partisan and narrow agenda, everyone else in Northern Ireland suffers.
No one should be under any illusion about our approach to these issues. In October last year, Arlene Foster, our party leader, indicated that she would seek the establishment of the Executive immediately and that if the Assembly created did not deal satisfactorily with the outstanding issues that had been raised as a stumbling block for progress, it should be brought down again in six months. She said, “Put me to the test.” She said, “Let us maturely and rationally reflect on the outstanding issues that you have; you can consider the outstanding issues that we have, and if we can’t resolve them, then bring it down—but at least try.” Before Arlene Foster sat down from making that speech, Sinn Féin had ruled it out. It had ruled out a restoration of the Executive, where Brexit and every public service that was of interest to the people of Northern Ireland could be considered.
As I reflect on these matters, standing here again to debate a Northern Ireland Bill that should not be necessary, I am reminded that the Secretary of State’s predecessor, the right hon. Member for Old Bexley and Sidcup (James Brokenshire), said in September 2017 that nine months without a Government to steer policy had left the country with “no political direction” and left critical public service reform wanting. He continued:
“In the continuing absence of devolution, the UK government retains ultimate responsibility for good governance and political stability in Northern Ireland as part of the United Kingdom and we will not shirk from the necessary measures to deliver that.”
That was only 13 months ago, yet here we are. He famously talked of a “glide path” to direct rule. Frustratingly, this is a never-ending holding pattern. It is not in the interests of democracy and not in the interests of good government.
The Bill has been described—kindly—as a “limited measure”. It has been described by my constituency predecessor as
“a sticking plaster on a broken leg”.
It has been described as a poor substitute for democratically elected politicians in Northern Ireland making decisions that affect the people they serve. It is through that prism that we have to consider the Bill.
The Bill does not provide certainty. It contains no certainty on decisions. It does not provide compellability. There is no compulsion on civil servants to make decisions that impact the people of Northern Ireland—decisions that need movement—but on key policy areas, there is no compulsion to do so. There is no progress on the 200-plus decisions that have lain in abeyance among the range of Departments since the suspension of the Assembly.

Sammy Wilson: Is the worrying thing for my hon. Friend the fact that many of those 200 decisions are sitting there not because of the court decision, but because of the inertia that exists in the Northern Ireland civil service? The Bill will not make a blind bit of difference to the fact that some senior members of the civil service—not all—will not make a decision to get up in the morning if they think they might get some criticism for it.

Gavin Robinson: I am grateful to my hon. Friend for his comment. I think it fair to say that there are a range of views on this issue, and some accord with the description that he has outlined. There are civil servants in the Northern Ireland civil service who have been incredibly courageous during the time that we have not had democratically accountable Ministers.
But there is the rub—the Bill relies solely on the willingness of a senior departmental official who is impervious to direction and impervious to the views of politically mandated, democratically elected representatives and who can decide whether or not they wish to proceed. The guidance is there, but if we go through that guidance fairly, I think we could decide that something is within the public interest or outwith it at our own discretion, and that is a fault.

Mike Penning: I will expand more on this in my speech, but this is a critical point to do with the civil service. We can all criticise civil servants. There are good ones and bad ones. But, particularly in Northern Ireland—I experienced this when I was the Minister—the fear of judicial review in the civil service will not be addressed by the Bill. Bravery is fine, but if this Government do not back civil servants, there will still be fears, not about public opinion, but about whether they will be dragged through the courts, which we have seen so many times in the Province.

Gavin Robinson: That is a key consideration. The Bill does not insulate civil servants from the prospect of judicial review. We know from our experience in the courts in Northern Ireland, compared with England and Wales, that ultimately it is easier to progress a judicial review in Northern Ireland. Whether for unaccountable civil servants acting in the best interests of the country or democratically elected Ministers serving the people who elect them and the people of Northern Ireland, the challenges in the courts are still there.
The Bill seeks to replicate the understanding that was there prior to the Buick decision. I remember saying a year ago to the Minister of State that the Departments (Northern Ireland) Order 1999 empowers senior departmental officials to take decisions. Ultimately, it was considered by the courts, and the one fundamental ruling they made was that a decision of such regional significance that was controversial and/or significant should be considered by an Executive Committee. The Bill might seek to address that, but it does not absolve anyone from the legal requirement inserted through the Northern Ireland (St Andrews Agreement) Act 2006, which amended the Northern Ireland Act 1998, for consideration over and above the individual Department.
That was a significant safeguard injected into the legislative framework arising out of the Belfast agreement on controversial or significant decisions. In that sense, the Bill empowers civil servants to a greater level than a democratically elected and accountable Minister. That is difficult. That is my reading of clause 3(5), and it is constitutionally a troublesome step. I have to accept the position that the Northern Ireland Office has adopted, which is that it will not provide an overarching mechanism and it cannot empower officials to replace what would have been the Executive Committee, but the Bill is deficient in that regard. I am not sure that the Secretary of State or the Minister of State will be able to answer or provide any solace on that issue.
Some consideration has been given to clauses 1 and 2, on the timescales for the re-formation of an Executive. I will put on record clearly for the hon. Member for North Down (Lady Hermon), in response to the question that she raised, that never once during any of our discussions with departmental officials in the Northern Ireland Office was a date discussed. No date was discussed, and it is not politically driven. Timescales were discussed, but no specific date was ever discussed.

Sylvia Hermon: I am grateful to the hon. Gentleman for allowing me to follow up on that, since he referred to me. There was not a date agreed or discussed with Northern Ireland Office officials, but there was a timescale. I am not a member of the party, so I was not present at the meeting. Let all the people of Northern Ireland hear the timescales. Was it six months or nine months? What was the timescale?

Gavin Robinson: Those considerations are exactly the same ones that the hon. Lady will have had in the Northern Ireland Affairs Committee. The response that the Secretary of State gave to the hon. Lady was that the broad parameters were discussed by all parties. I am being honest and sincere in saying that no date was ever discussed.

Sylvia Hermon: What was the timescale?

Gavin Robinson: No date was ever discussed.
I see in the amendments tabled by the hon. Member for Amber Valley (Nigel Mills) an earnest desire on his part to get progress going in Northern Ireland. He does not want to see a lengthy delay. Let us not kid ourselves. I have spent a considerable part of this speech commenting on the Sinn Féin boycott that exists today and has existed for the last 18 months and that has frustrated the meeting of the Assembly, the formation of the Executive or Sinn Féin sitting in this House.
If the hon. Lady wants an answer to this question, Conor Murphy has been quite clear about Sinn Féin’s position. When we met at the steps of Stormont in August this year and we asked, in the interests of everyone in Northern Ireland, for Sinn Féin to end its boycott, Conor Murphy’s response was, “We envisage Ministers being appointed by April 2019.”

Sylvia Hermon: Will the hon. Gentleman give way again?

Gavin Robinson: I will just finish this point, if I may.
It is clear that the intransigence, stagnation and unwillingness to resolve these issues has not only pertained for the last 18 months but is intended to continue. That is bad for Northern Ireland, for all the people of Northern Ireland, for the issues that remain outstanding and for the people we represent. I will give way one more time.

Sylvia Hermon: I am very grateful to the hon. Gentleman for allowing me to intervene again. I asked about the timescales that had been articulated by the hon. Gentleman and his DUP colleagues. I did not ask about Sinn Féin. To tweak the question slightly, can we give the people of Northern Ireland any confidence at all that the deadline mentioned in clause 1 of the Bill—26 March 2019—is realistic, or are you just going to talk your way through that deadline? Not you, Mr Deputy Speaker.

Lindsay Hoyle: Don’t worry, I recognise that. I am not going to enter into Northern Ireland politics.
I have 11 Members down to speak. If some Members are not going to speak, can they let me know? At least then I know what I am working to.

Gavin Robinson: I intend to speak, Mr Deputy Speaker, but you knew that anyhow.
I say respectfully to the hon. Lady—an honourable Lady in name and nature—that that is a fair question, but if she follows the logic of what I am saying, she will see that it is not one for us. We want to see the restoration of an Executive. We have indicated no red lines. We made an offer of an olive branch last August, and it was rejected in 35 minutes; it was not considered. We have the clearest of clear indications from Sinn Féin that it does not envisage having Ministers appointed until April 2019. It is a disgrace, and it bears no resemblance to the needs, the frustrations, the angst, the wishes or the aspiration of every single person who lives in Northern Ireland.
I have mentioned that this Bill lacks certainty. That is a product of the way in which it is framed, and the Secretary of State has sought to issue guidance. It is right that the civil service has been empowered to advance decisions that are couched within the public interest. However, I have no certainty whether a planning decision for the power plant envisaged in my constituency will be advanced by civil servants. Why is it necessary? Because some of our older power stations are coming offline. There is a need for this planning approval to be given so that the power station can form part of a capacity auction this autumn for future years. If it is not advanced, we will be in a difficult situation in Northern Ireland. The same can be said for the north-south interconnector. It is a necessary part of infrastructure that we support—we think it is imperative for the future  of our energy arrangements—yet there is no certainty that this Bill will advance a decision on the north-south interconnector.
My hon. Friend the Member for Belfast South raised the transport hub in the south of the city. It is an important project that has regional significance in that it connects every part of Northern Ireland to our city. It has significant public resource allocated to it, and it will be necessary for the future development and aspirational growth of Belfast city and Northern Ireland. Is there any certainty that this Bill will advance that decision? Regrettably, there is none. Professor Bengoa—

Emma Little Pengelly: Will my hon. Friend give way?

Gavin Robinson: You know I have to do so, Mr Deputy Speaker.

Emma Little Pengelly: I will be brief. My hon. Friend referred to the uncertainty about the transport hub in Belfast. Does he agree with me that senior civil servants should heed what has been said today by the Secretary of State? Given the consensus about this issue, there are clear indications that this is very much the type of decision that could be made and in fact, from my point of view, should be made under this guidance.

Gavin Robinson: Absolutely right. Mr Deputy Speaker, we gave time to my hon. Friend, but we have saved time on what I was about to say. This is an important point and such civil servants should take cognisance of their ability to make these decisions, and they should make these decisions.
Very helpfully and importantly, paragraph 10(c) of the guidance outlines that NICS departmental officials are encouraged to
“continue to advance preparatory work”
up to the point at which a ministerial decision would be required. That goes some way to addressing the point made by my right hon. Friend the Member for East Antrim (Sammy Wilson). No longer can a departmental official say, “I’m sorry, we can’t advance that project or strategy, consider an alternative or engage with interested groups because we don’t have a Minister”; they can, and I think that is crucial.
As a constituency representative for Belfast East, I look to the regional stadium development fund as a prime example. The Executive agreed that they would spend £36 million on stadium development. Strand 1 of that scheme said there would be £10 million for a football club in my constituency—Glentoran football club. Officials say they cannot advance it because they do not have a ministerial decision. Well, of course they can, because it is an Executive priority, it is agreed, the consultation has been issued, the consultation responses are back, the consultation responses have been appraised by officials and they know exactly the direction of travel. Preparatory work still needs to be concluded, particularly with the Irish Football Association on the funding matrix for such a development, and that work should continue.
Transparency needs to be at the heart of this Bill. I was therefore pleased to see in paragraph 15 of the guidance a requirement on departmental officials in Northern Ireland to report to the Secretary of State monthly on any decision that has been taken under   the Bill. That is really important, and it goes to the heart of transparency of government. The notion that senior civil servants could take decisions and not tell the people or that they could fail to take decisions that we know remain outstanding is one that is well worth consideration. I am pleased to see that that is included in the guidance.
There is a whole other issue that should have featured as part of this Bill. I look to the Minister to see whether he can give any comfort on this issue at all. We have no legislative forum in Northern Ireland. This is the only legislative forum in this country that can legislate on behalf of Northern Ireland, and every week, Bills go through this place that could and should be extended to cover Northern Ireland: issues that are not controversial; issues that do not cause difficulty between political parties; and issues that are normal and run of the mill. It is important that they are progressed and that we in Northern Ireland do not lose the opportunity for legislative change. We do not have any certainty that the ad hoc procedures and ad hoc approach to the inclusion of Northern Ireland in England and Wales legislation and the extension of that legislation to Northern Ireland will take place. That leaves us in a ridiculous situation. We are asked to come here and vote on issues that affect the people of England and Wales and yet not get any progress for the constituents that send us here. It is  not right.
The Under-Secretary of State for Health and Social Care, the hon. Member for Winchester (Steve Brine), had the courage to include Northern Ireland in non-branded medicines cost regulations back in March. He said that he sought a legislative consent motion, but there was no Northern Ireland Assembly. None the less, it was the right thing to do, and it was in the public interest to include Northern Ireland. Yesterday, the Civil Liability Bill should have included Northern Ireland. Animal welfare changes that have been brought forward by the Department for Environment, Food and Rural Affairs should include Northern Ireland. In Westminster Hall, in debate after debate, we ask Ministers whether the Government will extend the same provisions in the absence of an Assembly to cover Northern Ireland, and they say that they cannot because it is devolved. I invite the Minister, if he can provide comfort for us now or later in his summation, to outline the steps that we can achieve to make sure that there is certainty that, when a legislative vehicle gives the opportunity to extend something sensible to Northern Ireland, we seize that opportunity.

Nigel Dodds: My hon. Friend makes a very, very important point. The Bill really covers only the issue of Executive functions and decisions taken at administrative levels, so the whole area of legislation is left to one side—obviously. There is the issue not only of extending legislation for England and Wales to Northern Ireland, but of legislation that is sitting with Government Departments in Northern Ireland ready to go, which cannot be progressed. Earlier, somebody mentioned  the unexplained wealth orders, for instance, to tackle paramilitary crime and criminal organised crime in Northern Ireland—a sensible measure that is supported by everybody and that should be progressed. The police want to see it happen; everybody in Northern Ireland wants to see it happen. Why can that not be progressed?

Gavin Robinson: Absolutely. The unexplained wealth orders are a key example of how we should have extension of those provisions for Northern Ireland.
I mentioned the courageous nature of some decisions, and I know that the right hon. Member for Hemel Hempstead (Sir Mike Penning) will agree with me that the Department of Health in Northern Ireland was incredibly courageous in making the changes required through regulation to allow for medicinal cannabis prescriptions. We wanted to see those English and Welsh regulations extended to Northern Ireland, and it has been done through another vehicle, and we are grateful for that.
Here is a key example of where it goes wrong. When the definition of co-ownership housing associations in Northern Ireland was not changed because we did not have an Assembly, but it was changed for England, Scotland and Wales, the derogation offered by the Treasury stopped. That means that if somebody does not take the opportunity to change that definitional issue now for Northern Ireland, our co-ownership schemes will not be able to use financial transaction capital tax, and it will not have the budget to provide the social houses that are required or the social mechanism through which somebody can purchase a home for the future. That is a disgrace.

Jeffrey M. Donaldson: rose—

Gavin Robinson: I will give way one final time, Mr Deputy Speaker, so as not to encourage your ire.

Jeffrey M. Donaldson: To assist my colleagues, I have withdrawn from the list of those wishing to speak in this debate, but I want to intervene on the subject of housing. In Lambeg, which is in Lisburn in my constituency, and which is famous for its drums and has some very nice housing, some former Ministry of Defence homes are available for transfer, free of charge, to a Northern Ireland housing association. That housing would provide much-needed accommodation for young couples, first-time buyers and so on. That transfer cannot be concluded because the Department needs ministerial approval. The houses are falling into disrepair. The transfer would benefit the community, and particularly young people in my constituency, but it is not happening. Is not that the kind of decision we want made, so that our constituents benefit?

Gavin Robinson: That is an important point to make, and that matter should be progressed.
I have a final, broad point about the participation of Members of the Legislative Assembly. They have been elected to serve their people and wish to do so, and MLAs are required for good governance in Northern Ireland. There are many decisions that could be taken by civil servants, but there is no direction on what those decisions should be. The only way that civil servants can get a true appreciation of what politicians who have been elected to serve the people wish the direction of travel to be is to ask them—to include a participative process, and to encourage politicians to come in, share their views, and shape policy proposals and decisions for the future. The Bill does not take the opportunity to do that. We have mentioned the historical institutional abuse inquiry. That is a classic example of where elected MLAs could be engaged in discussions on how that matter is progressed.
The hon. Member for Paisley and Renfrewshire North (Gavin Newlands) referred to the Independent Reporting Commission, which published a report yesterday. How sad is it that, 20 years after the Belfast agreement, we still have an independent reporting commission on paramilitary activity? I have been in this House for only three years, and in that time, I have had a constituent murdered by the IRA; that is the Provisional IRA, not a dissident group. Another constituent—a serving prison officer—was blown up by dissident republicans, through an under-car booby trap bomb. He died of his injuries a week later.
People come to my constituency office every week because of the pressure that they face from paramilitaries in my community—loyalist paramilitaries; paramilitaries who intimidate young families out of their homes; paramilitaries who lend money and extort a return; and paramilitaries who sell drugs and destroy individuals and their communities. The Independent Reporting Commission report pleads for political direction and political involvement, and for the participation of the people who have been elected to serve our society and want to do so. That is the prize in restoring the Executive. That is what we want. That is what the people of Northern Ireland deserve, and though the Bill does not deliver that, it extends the time and opportunity for delivering that. It is an opportunity that we cannot afford to miss.

Several hon. Members: rose—

Lindsay Hoyle: We have eight speeches to come, and about an hour to play with, so if speeches could be around seven minutes, that would be very helpful.

Mike Penning: As one of two former Northern Ireland Ministers on the Government Benches, let me say that I know how difficult the ministerial team has found it to get to this position with the Bill. The Bill is far from perfect, and it is very easy for us on the Government Back Benches—and for those on other Benches, and for the shadow Secretary of State and the shadow Minister—to tell everybody what should have happened. It would be very easy to criticise—and there was a bit of criticism from the shadow Secretary of State—but the Secretary of State is dancing on the head of a pin, because without a devolved Administration in Northern Ireland, the whole area around the Northern Ireland agreement is in a difficult position.
Nobody in this House—nobody who really understands the Northern Ireland political position—would dream of having a situation in which civil servants were empowered by the Bill to progress things in a way that people in any other part of the United Kingdom would find completely undemocratic, and that would never be passed by this House. To perhaps not dance on the head of a pin, this is as close as we will get to direct rule without direct rule.
Some of the political persuasions in Northern Ireland want that to happen. They want crisis. For their own political beliefs, mostly around a united Ireland, they want to make the whole thing collapse. We are very  close to that. We cannot have a situation in which the Province is brought to its knees because one group  of people want one thing and another group cannot accept that.

David Simpson: Does the right hon. Gentleman agree that it is time that we had a degree of honesty from Sinn Féin—if that is possible—about whether they really want an Assembly back, and if they do, is it only on their terms?

Mike Penning: That intervention is spot on, in many ways. It cannot be on one group’s terms. The Good Friday agreement is specific that it must involve the groups coming together.
In the time I was a Northern Ireland Minister, I met people from all parts of the Province, from all political persuasions and faiths, many of them together in the boxing rings and around rugby. Not once was the Irish language raised with me during my time in the Province. It may have been raised with the Secretary of State, but it certainly was not raised with me. Myriad things were raised, including the difficult situation of the historical investigations, the health service, bridges, roads and lack of infrastructure—all being blocked because one group in the Assembly had a veto. I like to use the word “veto” because I think the public understand it better. To me, that is fundamentally wrong.
We have to ask today whether Sinn Féin want to be part of the process. If not, they should come out and say so. If they do not want the Assembly, Administration and Ministers in place, they should say so. If they do want the Assembly to sit—although it is difficult to see how it could, considering the previous comments by Sinn Féin’s political leaders—they should get into the room, sit down at the table and thrash it out like their predecessors did.
I dealt with the late Martin McGuinness. I never thought that I would get on with him. We were miles apart politically, but he was actually quite pragmatic. He wanted better things for his community—like some of the parties in the House who do not want to be part of the United Kingdom, but come here, thrash things out and are part of it. That is why I have always found the fact that Sinn Féin does not come here, take part and argue its case fundamentally wrong and undemocratic to its constituents.

Sylvia Hermon: rose—

Mike Penning: I will not give way to the great Lady, simply because I know so many other colleagues wish to speak in the debate.
The Bill worries me. I worry how amendable it is, which could impose things on Northern Ireland that are devolved matters. I accept that the Assembly is the right place. In a perfect world, I would like to see no abortion, but we do not live in a perfect world. We have abortion legislation here, and I was on the Opposition Front Bench during the passage of the Human Fertilisation and Embryology Act 2008—a really difficult Bill—and we had a long debate about abortion. I personally think that a woman’s choice is important and we should allow abortion, but I would like to reduce the length of time in which the foetus can be aborted. However, it would be fundamentally dangerous to impose a decision made  here on Northern Ireland when it is a devolved matter. I personally think that it should happen in Northern Ireland, but that is for the politicians who were duly elected there to deal with. If the amendment is passed today, it will cause chaos and division in Northern Ireland, and I shall vote against it if it is selected.
I have to say to those on the Front Bench that I have told my Whips that if that amendment were to be in the Bill, that is one reason why I would not be voting for the Bill later. But there is another reason, which is just as important. A whole group of veterans made Northern Ireland safer than it was when we went in. Many Members of this place have served in Her Majesty’s armed forces and been decorated for it. I find inconceivable the way that a British Conservative Government are dealing with British ex-servicemen. Years and years after we served and after the investigations have taken place, we are being treated like we were terrorists. That is the way we feel.
I first went to Northern Ireland in 1975, and Captain Robert Nairac, who sadly passed away there—we think, although we still do not know the exact facts of what happened to Robert—was my captain. I am surrounded by people saying to me, “Why are you”—this Government, this House—“not protecting me, rather than letting me be dragged back to a court in Northern Ireland for something that was finished years ago and of which I was found not guilty?” That form of double jeopardy is fundamentally wrong and it should be covered in this Bill. The Bill is concise and capable of containing that protection. I raised this matter at business questions last week, and the Leader of the House, in good faith, told me to go and speak to the Ministry of Defence. It has nothing to do with the Ministry of Defence; it is to do with the Northern Ireland Office and the Prime Minister, and that is the most important thing.

Emma Little Pengelly: As has been mentioned a number of times in this House, this week marks the 25th anniversary of the Shankill bomb. The person responsible for that was convicted in a court of law, but was released under the terms of the Good Friday agreement after serving just seven years for the murder of nine innocent civilians, including two children. That is absolutely appalling. Does the right hon. Gentleman agree that it is grotesque that Sinn Féin, who defended that and fought for early release of those murderers from prison, is now going after those soldiers who were in Northern Ireland to defend, to protect and to do their job?

Mike Penning: I completely agree with the hon. Lady. Sinn Féin sees their people who were doing those atrocities as combatants. They were part of their army; that is why they called them what they did. But they do not look at our veterans in the same way; actually, I think they look at them with derision. I served with Catholics from Belfast in the Army, and they could not go home—certainly, if they did, they could not tell anyone what they were doing. When I was in basic training, many of them stayed with me, with us, because they felt that they could not go back, even though they were Unionists and they wanted to serve in the British Army. Many people from the south served in the British Army. We have police officers from the Republic now  who are serving in the police force in Northern Ireland. That is the sort of thing we had, but we still do not have peace.
What peace do we have in Northern Ireland? We have touched on this, and on the murders of prison officers. When I was the Minister there, David Black was shot with a weapon that most people in Northern Ireland know was an AK47, from the Gaddafi era, that was supposed to have been placed out of use and out of everything. He was shot on the M1 going to work. What sort of peace is that?

Anna Soubry: My right hon. Friend makes a powerful point about the pursuit of people who should clearly not be pursued as they have been through a process that has long been done with. Does he agree that that matter should actually be being determined by the Attorney General for Northern Ireland? It is a clear and blatant abuse of process that old criminal lawyers will understand. Does he also agree that it is not good enough that the covenant has not been fully extended through the entirety of Northern Ireland?

Mike Penning: Perhaps unusually, I agree with my right hon. Friend on nearly everything she says apart from her point about the Attorney General. British soldiers who were there to keep the peace—that is what I was sent to do—were sent by the British Government and so, in my opinion, the only Attorney General who should look at it is the Attorney General here. We were sent there not by Northern Ireland Ministers or Attorney Generals, but by those who were here. My Prime Minister at the time sent the troops. I went in ’74; there were lots before me and lots after us. It cannot be right—it cannot—that this Bill ignores what was given by so many to protect the Province.

Sylvia Hermon: rose—

Mike Penning: I will not give way, because the Deputy Speaker has already told me off once, but I will conclude.
I fundamentally think I was sent to this place to do a job—to protect my constituents and look after them, after they have looked after us. If this House is not willing to protect veterans who served in Northern Ireland, I am afraid I cannot support the Bill.

Owen Smith: This is the eighth or ninth time since devolution collapsed in Northern Ireland in January 2017 that we have had so-called emergency legislation, and the Bill is arguably the most important, wide-ranging piece of all that emergency legislation. As the Minister heard, there will of course be support for it, because it is necessary to facilitate the further good governance of public services in Northern Ireland, but it is a profoundly unsatisfactory process, both in general and in particular today—the way in which we are going about delivering legislation for Northern Ireland, and the way in which this piece of legislation has been brought forward.
In the first instance, I would say that the notion that the Bill is a piece of emergency legislation is in itself questionable. Of course it deals with some important matters, notably the appointment of people to the Policing Board and other boards in Northern Ireland, but Members  ought to know that the Policing Board has been without its political members since March 2017. It has now been without its independent members for almost six months. If that is such an emergency, the Government seem slightly slow to respond. Equally, I would say that we all understand how the Buick ruling has undermined the status of civil servants and their security when taking important decisions, but that too was some months ago now, and I believe that that could have been dealt with in rather shorter order.
However, the really important point is not the question of the emergency, but the nature of the substance of the issues that we are dealing with today, because as several Members have suggested, the proposed changes are profound. It is everything short, if you like, of direct rule, but it gets as close to direct rule as we could have without calling it as much.
The guidance has been mentioned several times today. I think it was remiss of the Secretary of State to say that that guidance had been placed in the Library of the House, because it had not. It had been published online on the NIO website, alongside the legislation, but it was not referred to specifically in either the legislation or the notes to the legislation, so hon. Members such as myself who would have liked to be able to read that, as far as I am aware were unable to do so, unless we knew that it was on the website, which was not true in my case at least. I know that some people on the Front Bench and elsewhere, and perhaps the Chair of the Select Committee, and certainly some of the other political parties who were consulted, will have been given the guidance, but we were not given the guidance.

Shailesh Vara: Will the hon. Gentleman give way?

Owen Smith: I would be delighted to give way to allow the Minister to explain.

Shailesh Vara: The guidance to the civil service was deposited in the Library on Monday, and it is also available today on the gov.uk website, from which other people in this Chamber were able to take copies. So, from our point of view, it was deposited on Monday. I hope that the hon. Gentleman will take that at face value, and perhaps seek to retract some of the accusations that he has made in this direction.

Owen Smith: All I can say is that I went personally to the Library and asked the staff, and asked them again, and asked them to check; indeed, I also went to the Table Office and the Vote Office, and none of the people responsible in those offices said that they had a copy of the guidance. We then learned that it had been provided to other people, but only through the NIO website, from which I gather it was given to the Opposition Front-Bench team last week. I do not think that is satisfactory, not least because the substance of the guidance is so important—the issues that the legislation deals and does not deal with, the way in which the Secretary of State is offering guidance to civil servants, and some of the misunderstanding as to how that guidance will be provided on an ongoing basis are incredibly important.
I asked the Secretary of State earlier whether she could give me a specific example of a decision that might or might not be made by the Northern Irish civil  service departments in the light of this guidance, and she could not do so. I suspect that that is because anyone who reads the guidance, as I now have, can see that you could drive a coach and horses through it. There are any number of instances that one could choose to identify in which it appears that decisions might be made in the public interest, or in order to improve wellbeing or economic performance in Northern Ireland, and, equally, there are many instances in which one might choose to interpret the legislation as inhibiting such decisions and actions.
The crucial distinction seems to involve the question of policy. However, I put it to the Minister that even if Northern Ireland civil servants cannot amend policy on an ongoing basis, one would assume that, as a corollary, they now have the capacity to make operational decisions that could be of enormous significance to citizens in Northern Ireland, relating to, perhaps, the closure of a hospital, school or some other vital facility.
The hon. Member for South West Wiltshire (Dr Murrison) implied, at least, that the Secretary of State would have to provide further guidance in respect of those operational decisions that might be undertaken, but according to my reading of the legislation, that is not the case. My understanding is that the Secretary of State will publish, on a monthly basis, some reference to the decisions that have, potentially, been made, or, rather, civil servants will report to her on the decisions that they have made under the guidance, but there is no obligation on her to provide the House with details of any decisions that she is instructing civil servants to make—or objecting to their making—on behalf of the people of Northern Ireland.
That brings me to the principal point that I wish to make. We seem to be taking a very big step in further strengthening the hand of Northern Ireland civil servants to make important decisions. We have had practically no opportunity to scrutinise the guidance and to understand fully what it means—what its implications are not just for Northern Ireland, but for the devolved settlements across these islands. It seems to me that this is another example of the Government’s rushing through Northern Ireland legislation, characterising it as absolutely vital and urgent when in reality it deserves further scrutiny.

Sylvia Hermon: Let me remind the hon. Gentleman of a significant point that was made, in a very interesting speech, by the hon. Member for Belfast East (Gavin Robinson)—to whom, of course, I apologise for addressing him earlier as “you” instead of “the hon. Member”. [Laughter.] The significant point in that excellent speech was the indication given by a very senior Sinn Féin member that Sinn Féin had no intention whatsoever of abiding by the timescale and the deadline of 26 March next year. What would the hon. Gentleman and his party colleagues do if Sinn Féin drove through that deadline?

Owen Smith: I am not sure that that intervention is entirely pertinent to the point that I was making. However, I will say in response to it that what I heard was a reference to Conor Murphy’s having said that he did not think Ministers would be in place before April 2019, which is broadly in line with the mysterious deadline that the Secretary of State has specified in clause 1.
My view is that no one party in Northern Ireland is blameless in respect of the impasse in which we currently find ourselves. I think that all parties need to get round the table, and that, crucially, the Governments on both sides of the Irish border need to do more to make this a more dynamic process. Torpor, drift and lassitude have characterised the approach of our Government, in particular, to an impasse that has lasted for nearly two years. If this is such an emergency, I think that the real emergency has been the lack of drive and dynamism. We heard from my hon. Friend the Member for Rochdale (Tony Lloyd) about some of the ideas advanced previously by him and by me about an independent chair, potentially the Prime Minister—maybe not the current Prime Minister, but a Prime Minister—who would have a greater influence in these matters. There are myriad ways in which the Government could be trying to drive this forward, but they are not doing so, and that causes me grave regret.
I shall conclude by making three brief points. This Bill essentially allows civil servants in Northern Ireland to take a very wide-ranging set of decisions and to be given legal and political cover by the Northern Ireland Office to do so, but it does not apparently allow decisions to be taken about the Hart inquiry recommendations on victims of historical institutional abuse, and that is morally indefensible. Hart reported just after the Assembly collapsed, but the inquiry was established by the Assembly and is widely supported across the Assembly. David Sterling, head of the Northern Ireland civil service, has said in terms that he already has the legislation on the books in order to deliver for those victims, and it is a disgrace that this legislation is not going to deal with their case. It should do, and there is no excuse for it not doing so.
Secondly, there are 500 victims of the troubles who have been gravely injured mentally or physically, as a result of no fault of their own in the vast majority of cases. They deserve a victims pension. It is clear that the compensation paid to individuals in the past is insufficient given that those people are living longer, thankfully, than was ever imagined. It is vital that the Government put in place a pension for victims.
Lastly, there is nothing in this Bill that allows for the people of Northern Ireland to have a greater voice than that represented through the DUP on the question of Brexit. The most important issue facing Northern Ireland is the prospect that the Good Friday agreement is in jeopardy right now, as a result of the reckless way in which Northern Ireland is being treated in the Brexit process. It is essential that we get the Assembly back, but if the Assembly cannot deal with it, Ministers in the NIO need to start speaking up, and I say to them, “We need to hear your voices on behalf of the people of Northern Ireland on Brexit, and if you do not speak up, you are letting the people of Northern Ireland down.”

Vicky Ford: I will try to be brief, but this is a subject that I hold close to my heart. Let me start by saying how much I wish that we were not here. As someone who grew up in Northern Ireland and was born in Omagh at the beginning of the troubles, I spent my childhood knowing what it was like to live at a time of violence within the United Kingdom. This year  marks 20 years since the Omagh bombing and 20 years since the Good Friday agreement, and the peace that we have today is precious, and also very fragile as the hon. Member for Belfast East (Gavin Robinson) reminded us.
I have said before in this Chamber that we should not jeopardise the Good Friday agreement. We should not jeopardise it with a hard border between Northern Ireland and southern Ireland. We also should not jeopardise the right to self-determination that the people of Northern Ireland made with their clear decision that they wished to be part of the United Kingdom and part of our precious Union here. It is always difficult for someone like me who is no longer living in Northern Ireland but is watching from afar to form a view, but I think that it has partly been having Stormont and having local decision making that has meant that the Good Friday agreement has lasted for so long. Local decision making is key to holding this whole situation together. So that is why I wish we were not here: I wish the Stormont Assembly was meeting and we were not put in the position of trying to pass legislation in this place.
I was back over in Northern Ireland last month, and time and again people outside politics were telling me how frustrated they were by the current situation—not only by the lack of decision making in Stormont, but by what that is doing for key decisions that affect everyday lives. They mentioned many projects—local transport projects, health projects and a particularly beautiful education project. In Omagh, on the site of the old Army barracks, there is a £140 million investment to build the Strule schools project, which will bring all six secondary schools in Omagh on to one site, so instead of the Catholic and Protestant children being in different schools where they never meet, they will still have their own school ethos but they will meet and be together. That will be such a powerful sight, but when I drove past it, the gates were there but there was nothing behind them because the project continues to be delayed. We need to ensure that the civil servants in Northern Ireland can get on with making the key decisions, and we cannot wait forever. That is why I will support Ministers in ensuring that they can get local decision making going.
I want to talk a bit about the subject of abortion, which I know will come up again and again today. I have spoken about it in the Chamber before, and it is an emotional issue on which people have strong personal views. I support the right to choose, and that is something that I believe in very strongly, but I also feel very sensitive about people in one part of the world telling people in another part of the world what they should do on this issue. It is an issue that should be determined locally.
When I spoke about this last time, it was on the eve of the High Court judgment on human rights. I pointed out that if part of the UK was found not to be upholding key human rights, we in this place would have to act. When I was back over in Northern Ireland, I had the opportunity to listen to the testimony of a mother who had had the most hideous experience of being forced to carry a baby to term, even though the baby was never going to live and actually died in the womb.
It is worth having another read of the High Court judgment, because on the one hand it says that we are in breach of our human rights in key areas such as rape, incest and foetal fatal abnormality, but on the other  hand the judgment does not stand formally because the Court ruled that the Northern Ireland Human Rights Commission did not have the legal power to bring a case in its own name. As I understand it, that is a failure of the legislation that was passed here under the then Labour Government. The language was not clear enough in the Bill that established the Northern Ireland Human Rights Commission to give the commission the power to bring such cases in its own name. That issue needs to be corrected, and I am told that that would put the Northern Ireland Human Rights Commission on a level playing field with its equivalents in other parts of the United Kingdom. If that had already been the case, that legal judgment would have been binding, which would have helped to facilitate the local changes that are needed to ensure that the women of Northern Ireland do not have their human rights breached.
There are many more things that I would like to say. I believe that it is still worth fighting for frictionless trade across the Northern Irish-Irish border and across the Irish sea and the English channel. By finding a solution that keeps the whole Union together, we will find a relationship that works for our ongoing relationship with Europe as well. I will support the Bill this evening, but with a heavy heart, because I wish that we did not have to be here.

Emma Little Pengelly: I will try to be relatively brief, because my hon. Friend the Member for Belfast East (Gavin Robinson) has made a fantastic speech in which he articulated many of the issues that I wanted to touch on. I am also conscious that my hon. Friend the Member for Strangford (Jim Shannon), who is sitting behind me, is keen to speak and to have sufficient time to articulate his issues, and I do not want to disappoint him in that regard.
I want to talk about the specifics of this legislation. I echo the words of my hon. Friend the Member for Belfast East in thanking the team at the Northern Ireland Office and the ministerial team for all their work and for the help they have given to me and the Democratic Unionist party team to enable us to understand better the issues in the Bill. They also gave us the space to raise our concerns and issues, some of which I will touch on today.
As already articulated, this Bill is not a perfect solution. In fact, I would go so far as to say that it is far from a perfect solution, because it is so limited in what it can actually do and in the powers that it gives to senior civil servants. The context of course is that that is also difficult and troubling, because giving such powers has at its heart a democratic deficit that goes to the centre of British constitutional democracy. I will touch on that again later, not least because it is almost unprecedented in decision making in any part of our United Kingdom.
Throughout the process, from the first suggestion of this approach, the ministerial team in the Northern Ireland Office will be aware that DUP Members have expressed disappointment over the ambition of the proposals. That disappointment arose not because the Secretary of State was keen to ensure that some decisions can happen in Northern Ireland, but because putting Northern Ireland back into a pre-Buick but post-collapse position is insufficient. The legislation gives only limited scope for decision making by senior civil servants, about which the Secretary of State was frank and clear, but I  am grateful that there are some exceptions, although they are small, covering planning and big investment decisions when they are non-controversial and enjoy a broad consensus and when decisions are clearly in the public interest. I put it on the record again that I welcome the Secretary of State’s clarity that a decision like that on the transport hub, which is of regional significance and critical to Northern Ireland’s economy, can be made under the terms in the legislation.
However, I share the sentiments of the hon. Member for Chelmsford (Vicky Ford) that it is extremely disappointing that we are where we are. This is not where any of us want to be. I do not want to go into great detail, but it is worth reminding ourselves of how we have reached this point. My DUP colleagues have already articulated our frustration, because we want to get back into government to work and to deliver for the people of Northern Ireland. My colleagues who are Members of the Legislative Assembly were elected to do that job, but they cannot. They, like Members of every other party, are frustrated from entering the Northern Ireland Assembly and the Northern Ireland Executive by one party, but one of the frustrating things about the process thus far has been the tendency by many to look at all the parties in Northern Ireland and say, “You’re all as bad as each other. You’re all holding back progress. Why don’t you just get on with it and get back into government?”

Bob Stewart: I was here for most of the first part of the debate, but I had to be away to attend a Committee. I just want to agree with the hon. Lady. Only one party is stopping Stormont reconvening, and it is Sinn Féin. It is in Sinn Féin’s interest to screw up—I use that phrase advisedly—the whole idea of Northern Ireland being self-governing, and it will continue to do that. I suspect that we will still be here arguing like this next year. I wish that the situation was not like this, because Northern Ireland is a great place. One party—Sinn Féin—is ruining what should be happening.

Emma Little Pengelly: I thank and agree with the hon. Gentleman.
I came in to work for and with Government back in 2007 on the restoration of the Northern Ireland Assembly. I was an adviser in the office of the First Minister, and I worked closely not only with our DUP team, but with the Sinn Féin team. Back in 2007, that was challenging, because the office of the First Minister and Deputy First Minister is a joint office. Part of my job was to advise the First Minister and try to get agreement on a range of issues to be signed off by the Ministers in the relevant Department. What did that mean in practice? It meant that every letter and every policy—everything that went out of the Department—had to be agreed between the DUP and Sinn Féin. I was one of the people charged with seeking those agreements for ministerial sign off.
I say this today not because of any blind hatred or opposition to Sinn Féin, because we worked the system, and we worked it hard, to try to deliver on behalf of everyone in Northern Ireland. We had to make very difficult compromises, decisions and agreements to make devolution work in order to try to stabilise the peace.
It was therefore particularly disappointing when the collapse happened, and I recognise all those people across all parties, including Sinn Féin, with whom we  worked to try to make Northern Ireland work. It is in that context that everyone here, including on the Labour Benches, should be clear about who is causing there to be no government in Northern Ireland today. We would go back into government tomorrow morning. We are willing to turn up, and we are not asking for anything. One party is saying to every other party in Northern Ireland, “You are not going into government unless we get our demands.” That is blackmailing not just the other parties in Northern Ireland but the people of Northern Ireland who want to see issues addressed such as health, health transformation, education, necessary infrastructure and the fantastic projects happening on the ground to foster good relations—those things cannot happen.
In the main, the Bill gives unaccountable senior civil servants the power to make some decisions, and it has been acknowledged that most of them will be routine, non-controversial, low-level decisions. As my right hon. Friend the Member for East Antrim (Sammy Wilson) rightly said, the vast majority of the 200 decisions that have been listed are not controversial, but they cannot be taken under the terms of this Bill. That is why, right from the outset of this process, we expressed disappointment, because the time has now come that, if Sinn Féin will not move on and if they want to boycott the Northern Ireland Assembly, they should allow those who want to work to work. There need to be ministerial decisions on a whole range of important issues.
New clause 7 has received some coverage and has caused some controversy because of the two issues relating to Northern Ireland. I echo the comments of many on both sides of the House that we recognise these issues are of deep concern to many people in Northern Ireland. These issues are of deep concern to many people in my constituency. We have heard the experiences of women, particularly in relation to life-limiting conditions and fatal foetal abnormalities. We have listened to their stories and experiences, and they are incredibly difficult. I challenge anyone not to feel empathy for the very challenging circumstances in which those women find themselves.
I spoke on behalf of the DUP in the Northern Ireland Assembly just prior to the collapse on a report we commissioned, and I urged people to wait, to let us see the report and to approach the situation with compassion and care. That report has been received, and I honestly believe that, if the Northern Ireland Assembly were re-established, the report would be debated, considered and decided on where it rightly should be dealt with. The only thing holding that up is the lack of a Northern Ireland Assembly, and there would be no impediment to the Assembly getting back to work tomorrow if Sinn Féin dropped their red line.
Yes, there are some concerns about the Bill, and I conclude by addressing some specific issues for Northern Ireland. The historical institutional abuse inquiry has been mentioned, and I have frequently met victims and victims’ groups over the past seven to eight years. I have put on the record, and wish to say again, that we in the Democratic Unionist party are hugely sympathetic to what those people experienced, particularly as children, in those institutions. That is an example of an issue that needs to be addressed. A huge amount of work needs to happen on a possible redress scheme—a support scheme—  and who would be eligible for it and what mechanism could be used to introduce it. But that can happen at the moment, in preparedness for a decision to be made; my understanding is that under terms of this Bill and guidance that is the type of decision that cannot be made.
In the absence of such decisions, if there is no restoration of the Assembly, I urge the Secretary of State and her team: be a little braver, step up and make the decision to say, “It has gone on long enough.” Victims, those suffering, those in need and those sitting on waiting lists need decisions, and they need to be ministerial decisions. Although that needs to happen now and in a couple of months’ time, it needed to happen yesterday—it needed to happen a year ago. This is now urgent across such a wide range of issues.
Briefly, I wish to touch on the issue of the definition of a “victim”. I mentioned in an intervention that this week marks the 25th anniversary of the Shankill bomb, an incident that demonstrates so acutely the grotesque nature of the definition of “victim” in Northern Ireland. Under that definition, which is holding up issues such as the victim’s pension and other support, the nine innocent victims of that atrocity—that IRA act of terrorism—are gauged to be same as the IRA bomber who blew himself up and killed himself planting that bomb on that day. That is grotesque and appalling. People right across all the political parties, here and in Northern Ireland, have a number of issues they are really concerned about and care deeply about. I recognise that many care deeply about the Irish language Act, but there are many other issues to address, such as the one I mentioned. What a wrong to turn around and say to the families of those who were murdered and injured on that day, “That bomber is treated the same under victims’ schemes and victim support as the people he went out to murder.”
Connected to that is the point relating to our veterans. We do need our covenant—we need full implementation of the covenant. Northern Ireland has 3% of the UK’s population, but we contribute 7% to the Army, which is vastly higher in terms of proportion across the United Kingdom, and we do deal with the legacy. When people come back, they have done their duty and have seen some terrible things, not because they chose to go there, but because that was their job and duty. We therefore have a responsibility to do what we can to support them. We need the full implementation of the armed forces covenant in Northern Ireland. We also need to address the issue of the disproportionate and grotesque attempts to pursue soldiers and police officers who did their duty, stood up to protect and were only there with a gun in that situation because they were placed there to protect people. We need to get that addressed urgently, and with that I will conclude.

Jim Shannon: rose—

Paul Girvan: rose—

Lindsay Hoyle: May I just say to the two gentleman that we need to bring on the Front Benchers just before quarter to?

Jim Shannon: Thank you for giving me the opportunity to make a comment. First, let me thank the Secretary of State for introducing this legislation. We know that the people of the Province have been held to ransom by the  wiles and machinations of an obstinate, intransigent and downright petulant Sinn Féin for too long. Other Members have said that and I want to reiterate it. It seems Sinn Féin is happy enough to be the party of absenteeism at home as well as in the UK, happy to take the Queen’s notes and not legislate, and happy to leave our country tottering on the brink. It is about time that we in this place reminded Sinn Féin that if it does not and will not do its job in Northern Ireland or here, we and the British Government will do that job for it.
My personal opinion is that we should be implementing direct rule in this legislation if an Assembly Executive are not formed within the next six months. I believe it is time we did that. For too long, we have pandered to Sinn Féin and gotten nowhere, except for in Northern Ireland Departments that are afraid to allocate money. I want to make some comments about that. Clause 3(4) states:
“The absence of Northern Ireland Ministers is not to be treated as having prevented any senior officer of a Northern Ireland department from exercising functions of the department”.
Subsection (5) makes reference to something
“not to be treated as having prevented the exercise of that function”.
That all sounds right and proper, but the fact of the matter is that, although it gives permanent secretaries some function in terms of where they are, it does not go far enough. The difficulty for me came when I read the guidance on decision making. Although the principle of the legislation is to ensure that the decisions that should be taken are taken, the framework for decisions leaves a lot to be desired. The guidance says that
“the absence of Northern Ireland Ministers does not prevent a senior officer of a NI Department from exercising a function of the department if the officer is satisfied that it is in the public interest to exercise the function”.
Surely that translates into, “If an official wishes to stick their neck out, this will not stop him or her.” How many officials are prepared to do that? I suspect that there are very few. It is all very well, but where does the Bill say that decisions must be made unless there is a reason not to make them? We all know the issues clearly. It is important to encourage permanent secretaries to make decisions that have been in the pipeline for too long.
This morning, the Northern Ireland Affairs Committee heard about the need to recruit some 600 police officers before the end of the year. There are some plans to try to do that to bring the figures up. We also have to address paramilitarism. The Police Service of Northern Ireland is clear about what it is doing and wants to do. I am happy with the PSNI’s commitment, but will the Secretary of State say how the Bill addresses it?
Last week, I met the Unison representatives of the health workers at the Ulster hospital in Belfast. They are as annoyed as I am that in Northern Ireland we cannot access some of the drugs that we can access on the mainland. Compared with some parts of the United Kingdom, we have second-class access to cancer care in Northern Ireland. For some people, there is a backstop down the Irish sea when it comes to healthcare for those in certain parts of the mainland compared with us in Northern Ireland. I express great concern about that. Why is it that agency staff cost the health service in Northern Ireland £150 million? I suggest that that is lazy management. It is not cost-effective to spend £150 million this year on agency staff when the staff could be employed full time at a much lower cost.
What about the pay for nurses—the 6.5% over three years for the nurses? There is a backstop down the Irish sea when it comes to the nurses in Northern Ireland getting their 6.5%. Perhaps the Secretary of State will listen to this question, if that is possible: when will the nurses in Northern Ireland get their 6.5% pay increase? Will the changes in this legislation make that happen? We have been very involved with community pharmacies and we understand the issues clearly. We need to help the permanent secretary to enable the changes to take place.
Let me refer to the food-processing grant scheme and the lack of an appropriate scheme. I had a meeting with the Minister of State on this matter, which affects three of the largest employers in my constituency. When I attempted to engage the permanent secretary on the issue, I was given the following response—I quote the Minister of State, who is sitting there writing furiously:
“You have asked for a reconsideration of a decision to restrict the availability of grant to SMEs in Northern Ireland. If the measure was to be extended beyond the SME sector and the available evidence, that would require a direct Ministerial intervention. There are no plans to launch this new scheme in the absence of a DAERA Minister.”
Will the permanent secretaries be able to legislate on the scheme to enable three of my large local business to take advantage of a processing grant scheme that is available on the mainland? It is available in Scotland, Wales and England, but it is not available in Northern Ireland.
On fishing, Brexit will bring us some access to our own waters again, which is good news, but we also need fishing harbours in Portavogie, Ardglass and Kilkeel that can take up the opportunities and make sure that they happen. For that to happen, we need someone in the Department of Agriculture, Environment and Rural Affairs and the permanent secretary to be responsible, take those decisions and ensure that we get the second slipway at Portavogie, the large scheme at Kilkeel and the improvements needed at Ardglass, which are currently on hold.
We will always talk about our own constituencies, as I have done, but I just want to plug a project in my constituency that is still sitting in the system—the Ballynahinch bypass. Why are we unable to get progress? The bypass is ready to go and the plans are in action, including the acquisition of land, but we are unable to move the scheme forward. A Northern Ireland Water sewerage scheme for new builds is also on hold in Saintfield in my constituency. There are lots of new builds in Newtownards and Comber, and we may have to upgrade those systems as well, so I am very conscious of that issue.
I will soon draw my remarks to a conclusion, because I want to ensure that my hon. Friend the Member for South Antrim (Paul Girvan) has the opportunity to speak. Just before I do, I will mention the education system. Many schools across my constituency have not been able to step forward as our allocation of pupils increases. We are looking into having a new build for Glastry College, or perhaps an amalgamation of Glastry College and Movilla High School. We will have to see where that goes, but we need someone in place to make the decision. We also need someone in place to make the decisions about children’s road safety outside both Grey Abbey Primary School and Abbey Primary School in Newtownards. These are real bread and butter issues for people who want to see change.
We are frustrated with a system that unfortunately does not bring accountability. With respect to the Secretary of State and the Minister of State, who are both sitting on the Government Front Bench, this legislation does not deliver the accountability that I want to see. I challenge the Government to show that it will deliver on the education and bypasses that we need, and on nurses’ pay. We want to see accountability and responsible action from the Ministers and the Department.
I agree with the spirit of the Bill, but it is not forceful enough and will mean that decisions can be avoided. The people of the Province have lived in limbo for far too long. We deserve better; and the DUP deserves and demands better.

Paul Girvan: It is with great sadness that we are here today, debating yet another Bill that should not have to be brought to this House. Unfortunately, we are in this position because of the intransigence of one party, as has been outlined by many speakers. Sinn Féin had the opportunity to go into an Assembly with us; it will not. I am not necessarily saying that we should be dealing with talks. I think that we should recall the Assembly, and that those who are willing and want to be there should be there and take part in business. That might bring about a need to change the way in which the Assembly is set up, but—let’s be honest—we can move things whenever we have to.
This legislation is about allowing civil servants to make decisions, although many such decisions have been challenged. I appreciate that this comes on the back of the Buick ruling, associated with the Mallusk incinerator site—I use the term “incinerator” because that is what it is—and because of that, we have ended up with many civil servants looking for reasons not to make decisions, instead of for reasons to make them. Unfortunately, the people of Northern Ireland suffer as a result.
It is vital that we move forward positively. We do not want to go back to where we were in the past, as has been mentioned by previous speakers. We have moved on quite a bit in the last 20 years; we do not want to go back, nor do we want to be held to ransom by the implementers of some of the troubles or those who brought about the some of the atrocities in our Province.
There are difficulties associated with some of these decisions. Many are simple, straightforward and uncontroversial—many of which are associated with major infrastructure. The difficulty is that people have attempted to put something in this Bill that is very controversial to people of Northern Ireland, and we should not be trying to muddy the waters on that matter. I appreciate that it is a difficult situation, and that many people have suffered because they are having a baby who may be born with a life-limiting condition. I understand and appreciate that, but we should not have to attach it to this Bill. If we get an Assembly up and running, these decisions should be made there. These items should not be made red lines before entering into a Government; they should be debated on the Floor of a Northern Ireland Assembly and addressed democratically through that process.
We missed another opportunity in not including something associated with the past—the way that the military have been hounded in relation to what happened  when they were trying to bring about peace in Northern Ireland. They were there as custodians of the British Government to ensure that we were able to sleep in our beds at night.

Gregory Campbell: My hon. Friend refers to our esteemed and brave members of the military. There is a lot of talk about heroes of the peace process—does he agree that they are the real, unsung heroes of the peace process?

Paul Girvan: I have to agree with my hon. Friend—that is 100% right. I am from a family who have been affected directly. Many members of my family served in Northern Ireland. Unfortunately we suffered as a consequence of that and are still suffering today.
We have missed a shot in moving these matters forward. However, I do appreciate the work that has gone into trying to bring forward something that will potentially provide an opportunity for some decisions to be made. Not that many weeks ago, we passed a pay rise for the teachers. There was an excuse that that cannot be passed across to Northern Ireland, but we will get a Barnett consequential in the next Budget should we have a mechanism to pass that pay rise on. I believe that this Bill will give civil servants and permanent secretaries the opportunity to make those decisions and pass on those pay rises, which are long overdue.
We have had a long debate on this matter. I hope and pray that this will be the last time that we have to bring to this House such a piece of legislation that would normally be addressed in the Northern Ireland Assembly. Let us hope and pray that we have that Assembly up and running, making decisions, in the near future.

Steve Pound: During the course of this afternoon, two common threads have emerged that have run through all of our discourse. One of those is the unfailing courtesy and respect with which Members have addressed each other across the Chamber. This has been an occasion not for people trying to score parochial or party political points but to try, really try, actually to achieve what is best for those we care the most for: the people of Northern Ireland; the people of this United Kingdom. The second thread is the sadness that we are here at all, as has been expressed so eloquently by so many Members, and the feeling that we have somehow failed as politicians and as legislators because we have had to bring this Bill before us.
The opening comments by the Secretary of State will have engendered great sympathy from across the House and, I should imagine, outside it. She took a huge number of interventions, and she spoke entirely honestly and from her heart. The conclusion that I drew from her words was that if there were any other way of proceeding, we would take it—if there were any other possible mechanism, that is the mechanism we would seek—but we are in a situation where it is simply impossible to continue, and not just because of the great long list of concerns that have been expressed.
If anyone thinks that there is any shortage of urgency about addressing those concerns in Northern Ireland, they should have a look at the briefing paper put out by  the House of Commons Library, which lists page after page of long-outstanding issues. We know all about the A5 and the York Street interchange; we know about nurses’ pay and the NHS. We know about all these issues, but we cannot do anything about them. There is the issue of dormant bank accounts. There are things that would be so good for the people of Northern Ireland. We must somehow break this logjam and move forward. Of course, in an ideal world, we would have an Executive and an Assembly, but we are not there yet. We have to do something now.
We should pay credit to David Sterling, the head of the Northern Ireland civil service. There are some pretty tough jobs in the civil service, but his has to be one of the toughest. He has said on the record that he needs to be given legislation, to give “greater clarity and certainty” to decisions, not just because of the decision of Mrs Justice Keegan in the Mallusk case, but for the whole operation of the Northern Ireland civil service. We are asking them to carry the ball when we are not prepared to give them cover.
The hon. Member for South West Wiltshire (Dr Murrison) referred to the Secretary of State as sailing a tight and narrow course between Scylla and Charybdis. He may have been piling Pelion on Ossa when he made that statement, because I think we tend to know that, but that is exactly it—the Secretary of State has been walking on eggshells. What we have here is not an attempt to give a blank cheque and carte blanche to the Northern Ireland civil service, but an attempt not to restrain them and constrain them in such a way that they can do nothing. There will be an element of accountability. There will always be judicial review, and there will always be very active local Members in Northern Ireland who will not be silent if matters are failing to be raised.
The shadow Secretary of State, my hon. Friend the Member for Rochdale (Tony Lloyd), referred to a poverty of ambition. I think, in all sincerity, that we could be more ambitious. At the moment, we are firefighting; we are responding to crisis. I do not see that we are laying out alternatives and ways in which we can move forward. The hon. Member for Amber Valley (Nigel Mills) asked, “What can we do best?”, and that is the question we must all ask ourselves. At the moment, we are providing cover, and we are allowing the civil service to act, but we are not solving the problem or resolving it in any way whatsoever.
I think the hon. Member for Paisley and Renfrewshire North (Gavin Newlands) spoke for us all when he said that the Bill is accepted reluctantly. I think we all accept it, but with great reluctance. In the intervention from the hon. Member for East Londonderry (Mr Campbell), he referred to two words that echo throughout Northern Ireland. I have to say, there are two words I have always associated with it in the past—the first is “No” and the second is “Surrender”. I am glad we have parked that and moved on. Now the two words are, “We’re ready!” and I am delighted to hear that.
The hon. Member for Belfast East (Gavin Robinson), whose constituency I have had the enormous pleasure of visiting with him, called for a more interventionist approach. He is absolutely right, and I agree with that. It must be so desperately frustrating that the community groups and organisations he works with are being starved of funds and resources and starved of that accountability  and link to legislation. He is doing everything he can. If only we could do more to help him. Sadly, the words that I remember from him are,
“we are where we are.”
That is the tragedy, but we have to get from where we are to somewhere forward.
I had the great honour of shadowing the right hon. Member for Hemel Hempstead (Sir Mike Penning) when he was a Minister. He is one of eight Ministers I have shadowed over the years; I do not know whether the fact that they all sought promotion immediately afterwards has anything to do with me. He spoke from a position of knowledge. He is held in great affection in the House, and we wish him well in everything he does.
My hon. Friend the Member for Pontypridd (Owen Smith) talked about torpor, drift and lassitude, which sounds a bit like a firm of solicitors in Swansea. I know exactly what he means—torpor, drift and lassitude are, in some ways, the characteristics that are seen from outside.
The hon. Member for Chelmsford (Vicky Ford) spoke from an Omagh background. I welcome her to our regular sessions here on this subject. We are always looking for new input. Her comments were very emotionally grounded, and we all respected them.
The hon. Member for Belfast South (Emma Little Pengelly), in a typically excellent and elegant speech, referred to the democratic deficit. She also talked about an unaccountable civil service. I am not entirely sure that the civil service is unaccountable. I think it does operate in daylight, and there is transparency. The main point she made—this is one thing that none of us must ever forget from this afternoon’s deliberations—was about the implementation of the Hart report. We simply cannot allow the Hart inquiry report to lie on the table. It is too important. She spoke with such passion that I challenge anyone not to bend their every sinew to try to achieve the implementation of that report.
I have to say that I have never heard the hon. Member for Strangford (Jim Shannon) speak faster. I have a terrible feeling that a new category in the Olympics has recently been introduced—speed talking. I am very fond of the hon. Gentleman, and did he not quite rightly say that this is about bread and butter? This is indeed about bread and butter.
I think the hon. Member for South Antrim (Paul Girvan) spoke for all of us when he said—let this be the coda of this debate—that we do not want to be going back. We do not want to go back, we will not go back, we cannot go back: Northern Ireland deserves better. What we do this afternoon is not going to resolve the problem, but it will be a small step on the way and will allow some element of normality. Above all, however, we must never, ever go back.

Shailesh Vara: May I start on a rather sad note? I extend my condolences and sympathies to Lord Caine, who is known affectionately to all of us as Jonathan Caine. Jonathan is a friend of mine and I have known him for many years. I think all of us in the House would agree that, as far as Northern Ireland issues are concerned, Jonathan is the fount of all knowledge and the one we go to because he knows all the answers. At this difficult time, we extend our sympathies to him and his family.
The intention of the Bill is to create a time-bound period for intensive efforts to restart political dialogue, which might enable the Northern Ireland political parties to form an Executive at any time, as well as to support essential decision making during that period and to ensure that key public appointments can be made until an Executive are in place.

Bob Stewart: Will the Minister give way?

Shailesh Vara: I will give way this time, but I am mindful of my limited time.

Bob Stewart: The Secretary of State mentioned that she was going to get the parties together. Have Ministers seen one small glimmer of hope that Sinn Féin will actually come to the table and start helping everyone to govern in Northern Ireland?

Shailesh Vara: There have been occasions when Sinn Féin representatives have turned up at meetings. I very much hope that my hon. Friend will take it on board that the last time we had direct rule it was for five years, and the time before that it was for 25 years. We owe it to ourselves, but more importantly to the people of Northern Ireland, that no stone is left unturned. We are bringing in this Bill to ensure that we can have some space and time during which to get those talks up and running again to try to get the Assembly functioning for the benefit of the people of Northern Ireland.
We have heard from a number of speakers, and I wish to thank all of them. If at all possible given the time constraint, I wish to make brief comments about all the speeches. The shadow Secretary of State, the hon. Member for Rochdale (Tony Lloyd), made a very thoughtful speech. May I say that we very much welcome his broad support for the measures we are introducing? He was critical of the time periods, but I would simply say that we must have the time periods we feel are necessary to try to get the flexibility we may need if the talks reach a particular stage. As I say, it is so important that we get a functioning Assembly. He also mentioned the case of Sarah Ewart. He will understand that there is a long-standing convention in the House that it is inappropriate to make comments about ongoing cases, and I hope he will take that on board.
My hon. Friend the Member for Amber Valley (Nigel Mills) raised concerns about the guidance given to the Northern Ireland civil service. I say to him and to others that we very much welcome comments from people—especially those, like him, who are on the Select Committee, but also others—who wish to make a contribution.
The hon. Member for Paisley and Renfrewshire North (Gavin Newlands) urged the Secretary of State to work night and day to try to get the Assembly up and running. I can assure him that that is precisely what she has been doing since the day she became Secretary of State, and I can also assure him that she will continue to do that. We welcome the support that he and his party are giving to this measure.
The Chairman of the Northern Ireland Affairs Committee, my hon. Friend the Member for South West Wiltshire (Dr Murrison), gave a very detailed speech, rightly highlighting the lack of decisions in  Northern Ireland in the absence of Ministers and the impact that that is having on the ordinary citizen. That is why it is so important that we pass this Bill to allow the facility to try to get the Assembly up and running. Again, he made reference to the guidance given to the Northern Ireland civil service, and I say the same to him that I said to my hon. Friend the Member for Amber Valley (Nigel Mills) that we would welcome any comments that he may have.
The hon. Member for Belfast East (Gavin Robinson) gave a learned speech in which he praised, quite rightly, the civil service in Northern Ireland. May I add my praise to the wonderful work of David Sterling and his team—all the permanent secretaries and the thousands of civils servants who have worked to keep Northern Ireland going for the past 20 or so months? He rightly pointed out the transparency of decisions, and will have noted that that is provided for, which is important. He specifically asked about ongoing legislation in this Chamber. I can confirm to him that this Government will continue to take steps to introduce and extend legislation to Northern Ireland following careful consideration on a case-by-case basis. We have done so to date, balancing the public interest need with our respect of the devolution settlement and fully restoring the devolved institutions in Northern Ireland.
The speech of my right hon. Friend the Member for Hemel Hempstead (Sir Mike Penning) clearly reflected his experience of Northern Ireland. He spoke of the need for determination to get the Assembly up and running again. The hon. Member for Pontypridd (Owen Smith) gave a characteristically feisty speech. I have to say that, although there have been various comments and reservations about the Bill, I was somewhat disappointed that he could not bring himself to give broad support for what we are doing, but instead concentrated his entire speech on being critical. That is matter of regret for the whole House when we seek to get the best for the people of Northern Ireland.
My hon. Friend the Member for Chelmsford (Vicky Ford) gave a passionate speech full of feeling. She spoke about the importance of the Good Friday agreement. I agree with her entirely on that importance, and on the fact that we wish we were not in this place right now and that we were not having to pass this legislation, but, as has already been said, we are where we are.
The hon. Member for Belfast South (Emma Little Pengelly) also made the point that this is not where we want to be, but we are here and therefore it is necessary to get this Bill through, and it is good to have the broad support of the House. She spoke of the need for ministerial decisions. We recognise that there should be ministerial decisions, as those decisions are vital to the people of Northern Ireland. That is why this Bill allows us the opportunity to try to get the parties to think again around that table and to get the Assembly running.
The hon. Member for Strangford (Jim Shannon) gave a detailed speech. Again, I note his concerns and reservations, but, broadly, he agreed with the spirit of this Bill and that is welcome. The hon. Member for South Antrim (Paul Girvan) rightly spoke about the issues that really are for a devolved Assembly to take. That is why, as I have said, it is important that the whole House is united in trying to get the parties to make sure that the Assembly is functioning.
The UK Government would have very much preferred it if the parties had reached an accommodation and formed an Executive by now. In the absence of such a development, action must be taken. This is to ensure that we can have the protection of the delivery of public services by giving the Northern Ireland civil service certainty to take decisions in the absence of an Executive and also to keep key bodies and offices functioning properly by ensuring that appointments can be made to them.
This really is an important Bill, and we introduce it with reluctance, but we are doing so with the best of intent to get the best for the people of Northern Ireland. I therefore urge that this Bill be read a second time.
Question put and agreed to.
Bill accordingly read a Second time.

Peter Dowd: On a point of order, Madam Deputy Speaker. During Prime Minister’s questions, the Prime Minister asserted that the respected Oxford economist and professor, Simon Wren-Lewis, said, in reference to Labour’s manifesto,
“the numbers did not add up”.
However, Professor Wren-Lewis disputes the accuracy of those remarks. He issued the following comments this afternoon, and I would like to be clear that these are the professor’s words, not mine:
“Apparently the Prime Minister quoted me saying about Labour’s 2017 manifesto ‘the numbers did not add up’ In fact I said ‘Let us suppose the IFS was correct’ and examined consequences. I have never taken a view on whether they did/didn’t add up. If that is what she said, she”—
he goes on to use a word that I am unable to use, regarding the incongruous relationship between the Prime Minister’s comments and the truth. I just repeat that those are the professor’s words, not mine.
Would it be appropriate for the Prime Minister to come back to this House to correct the record and apologise to the renowned professor in question? May I seek your guidance, Madam Deputy Speaker, on the best course of action?

Eleanor Laing: I thank the hon. Gentleman for his point of order. As he knows, and as Mr Speaker always says when dealing with such points of order, what Ministers say at the Dispatch Box is not a matter for the Chair. I am quite sure that whatever the Prime Minister said today, she said in good faith, but the hon. Gentleman wishes to bring another version of that to the attention of the House, the Prime Minister and her Ministers. By raising this point of order, he has succeeded in doing that.   As for when the Prime Minister will come back to the House, I am quite sure that, in the normal course of events, she will be back here soon—certainly by next Wednesday, when of course the hon. Gentleman and his colleagues will have the opportunity to ask her about this directly, and I am sure that he will take that opportunity.

Simon Hoare: Further to that point of order, Madam Deputy Speaker. During Prime Minister’s questions today, the Leader of the Opposition asserted that the number of those on zero-hours contracts was going up. In actual fact, the figure is going down. Is there an opportunity to draw that fact to the attention of the House?

Eleanor Laing: First of all, that was not further to the point of order. Just as the Chair has no responsibility or control over what Ministers say in the House, so they have no responsibility or control over what the Leader of the Opposition says in the House. I say the same to the hon. Gentleman as I said earlier: facts are being disputed, and I am quite sure that he will question the Leader of the Opposition closely the next time he has the opportunity to do so.

Vicky Ford: Further to that point of order, Madam Deputy Speaker. I, too, raise the point that the Leader of the Opposition claimed today that record numbers of people were on zero-hours contracts. That is false according to the House of Commons Library, which makes it very clear that the number has dropped from 903,000 to 780,000. How does one clarify the matter, in order to ensure that the Library remains a trusted source of data?

Eleanor Laing: The hon. Lady makes a very important point, because we all rely on the Library to give us balanced—

Michael Fabricant: Jeremy doesn’t.

Eleanor Laing: Do not interrupt me. We rely on the Library to give us balanced and entirely impartial information, but once again, once a Member of this House has information in his or her hand, the way that they present it, and the arguments that they make with it, is a matter for them. The hon. Lady asked how she can draw this matter to the attention of the world in general; she has just done so most effectively.
Would anyone else like to continue Prime Minister’s questions? We have a very important Bill in front of us, and I do not wish to take any further time out of the limited amount left for it.

NORTHERN IRELAND (EXECUTIVE FORMATION AND EXERCISE OF FUNCTIONS) BILL

Considered in Committee (Order, this day)
[Dame Eleanor Laing in the Chair]
Clause 1

Extension of period for Executive formation

Nigel Mills: I beg to move amendment 15, page 1, line 16, at end insert—
‘(4A) If the period mentioned in section 16(A)(3) of the Northern Ireland Act 1998, as modified by subsection (1), ends without the Ministerial offices having been filled section 32 of the Northern Ireland Act 1998 has effect as if for subsection (3) there were substituted—
(3) The Secretary of State shall within 7 calendar days of the end of the period mentioned in in section 16(A)(3) set a date for the poll for the election of the next Northern Ireland Assembly. The date set shall be no later than 3 calendar months after the end of the period mentioned in section 16(A)(3).’
This amendment would require elections in Northern Ireland to be called if Ministerial offices are not filled by 26 March 2019.

Eleanor Laing: With this it will be convenient to discuss the following:
Clause stand part.
Amendment 1, in clause2,page2,line20,leave out paragraph (b).
This amendment would prevent the Secretary of State from extending the deadline for appointment of Northern Ireland Ministers without the approval of Parliament.
Clause 2 stand part.
Amendment 22, in clause3,page3,line2,at end insert—
‘(1A) In the absence of Northern Ireland Ministers, senior officers of Northern Ireland departments, giving due regard to advice from the Northern Ireland Commissioner for Victims and Survivors, shall prepare a scheme to provide a pension to those who are regarded as seriously-injured arising from an incident associated from the conflict in Northern Ireland.’
This amendment would in the absence of Ministers create a duty for a scheme to be created to provide financial support those people who have suffered life-limiting injuries and impairment due to incidents related to the Northern Ireland conflict.
Amendment 21, page3,line5,at end insert
‘and must also make a formal statement before each House of Parliament following the publication of such guidance.’
This amendment would require the Secretary of State to make a statement to Parliament on any guidance issued to Northern Ireland Departments on the exercise of their functions in the absence of Northern Ireland Ministers.
Amendment 2, page3,line7,at end insert—
‘(3A) The guidance must direct departments to take action on the following areas—
(a) implementing the recommendations of the Historical Institutional Abuse Inquiry (the Hart Report),
(b) instigating any research, consultations or planning required for post-Brexit policy,
(c) designing and implementing devolved post-Brexit functions in relation to Northern Ireland fishing and agriculture that would normally fall to the Northern Ireland Executive,
(d) taking decisions on infrastructure planning and projects that will benefit Northern Ireland.’
This amendment highlights four key areas where guidance must be issued.
Amendment 17, page3,line7,at end insert
‘which must include guidance to meet the requirements of section (Guidance on exercise of departmental functions: credit unions).’
This amendment is linked to NC4 with the intention of requiring Northern Ireland Departments, in the continued absence of Northern Ireland Ministers, to promote credit unions in Northern Ireland.
Amendment 18, page3,line7,at end insert
‘which must include guidance to meet the requirements of section (Guidance on exercise of departmental functions: energy co-operatives).’
This amendment is linked to NC5 with the intention of requiring Northern Ireland Departments, in the continued absence of Northern Ireland Ministers, to promote energy co-operatives in Northern Ireland.
Amendment 19, page3,line7,at end insert
‘which must include guidance to meet the requirements of section (Guidance on exercise of departmental functions: housing co-operatives).’
This amendment is linked to NC6 with the intention of requiring the Northern Ireland Department for Communities, in the continued absence of Northern Ireland Ministers, to promote housing co-operatives in Northern Ireland.
Amendment 3, page3,line34,after ‘Assembly’ insert ‘and Members of Parliament’.
This amendment would require the Secretary of State to have regard to representations from MPs as well as MLAs before publishing guidance.
Amendment 4, page3,line34,at end insert—
‘(9A) If the Secretary of State wishes to revise or amend the guidance, they must write to the Northern Ireland Affairs Committee at least 30 sitting days before the revised guidance is issued to seek its views on the proposed changes.’
This amendment would require the Secretary of State to consult the Northern Ireland Affairs Committee before changing the guidance.
Amendment 5, page3,line38,at end insert—
‘“Northern Ireland Affairs Committee” means the Northern Ireland Affairs Committee of the House of Commons and—
(a) if the name of that Committee is changed, is to be treated as a reference to that Committee by its new name, and
(b) if the functions of that Committee (or substantially corresponding functions) become functions of a different Committee of the House of Commons, is to be treated as a reference to the Committee by which those functions are exercisable.’
This amendment defines the Northern Ireland Affairs Committee of the House of Commons for the purpose of Clause 3.
Clause 3 stand part.
Government amendment 23.
Amendment 6, in clause4,page4,line26,at end insert
‘, publish the advice received and write to the Northern Ireland Affairs Committee to notify the Committee of the appointment decision prior to the appointment being made.’
This amendment requires the relevant Minister of the Crown to notify the Northern Ireland Affairs Committee of the House of Commons before exercising an appointment function in relation to a specified office.
Amendment 16, page4,line26,at end insert—
‘(5A) Before exercising an appointment function in reliance on subsection (1) in relation to a role with an annual salary of £100,000 or more the relevant Minister of the Crown must refer their recommendation for the appointment to the Northern Ireland Affairs Committee of the House of Commons for a pre-appointment scrutiny hearing.
(5B) The Minister of the Crown may not proceed with the appointment referred to in subsection (5A) for a period of 30 calendar days from the date of referral to the Northern Ireland Affairs Committee of the House of Commons.
(5C) Any reference in this Act to the Northern Ireland Affairs Committee of the House of Commons—
(a) if the name of that Committee is changed, is to be treated as a reference to that Committee by its new name, and
(b) if the functions of that Committee (or substantially corresponding functions) become functions of a different Committee of the House of Commons, is to be treated as a reference to the Committee by which those functions are exercisable.
(5D) Any question arising under sub-paragraph (5C) is to be determined by the Speaker of the House of Commons.’
This amendment would require the more highly-paid public appointments to be subject to scrutiny by the Northern Ireland Affairs Select Committee of the House of Commons.
Clause 4 stand part.
Amendment 7, in clause5,page4,line36,at end insert
‘, publish the advice received and write to the Northern Ireland Affairs Committee to notify the Committee of the appointment decision prior to the appointment being made.’
This amendment requires the relevant Minister of the Crown to notify the Northern Ireland Affairs Committee of the House of Commons before exercising an appointment function which normally require consultation with, or the consent of, Northern Ireland Ministers.
Clause 5 stand part.
Amendment 8, in clause6,page5,line7,at end insert
‘, publish the advice received and write to the Northern Ireland Affairs Committee to notify the Committee of the appointment decision prior to the appointment being made.’
This amendment requires the Secretary of State to notify the Northern Ireland Affairs Committee of the House of Commons before exercising an appointment function which is normally exercisable by Northern Ireland Minsters acting jointly with the Secretary of State.
Clause 6 stand part.
Amendment 9, in clause7,page5,line34,at end insert—
‘“Northern Ireland Affairs Committee” means the Northern Ireland Affairs Committee of the House of Commons and—
(a) if the name of that Committee is changed, is to be treated as a reference to that Committee by its new name, and
(b) if the functions of that Committee (or substantially corresponding functions) become functions of a different Committee of the House of Commons, is to be treated as a reference to the Committee by which those functions are exercisable.’
This amendment defines the Northern Ireland Affairs Committee of the House of Commons for the purposes of Clauses 4 to 6.
Government amendment 24.
Clauses 7 to 10 stand part.
New clause 4—Guidance on exercise of departmental functions: credit unions—
‘(1) The guidance published under section 3(2) must include guidance on credit unions.
(2) Guidance under this section includes, but is not limited to, guidance to —
(a) senior officers of the Department for Communities in the exercise of the functions in relation to—
(i) promoting and protecting the interests of children, older people, people with disabilities, and other socially excluded groups, and
(ii) providing emergency financial assistance; and
(b) senior officers of the Department of the Economy in the exercise of the functions in relation to—
(i) business regulation including consumer affairs services,
(ii) mutuals policy, legislation and operations, and
(iii) the social economy.
(3) Guidance under this section must include the promotion of credit unions in Northern Ireland to combat organised crime, to reduce financial exclusion, to assist the social inclusion of marginalised groups and to promote financial well-being in all parts of Northern Ireland.’
The intention of this new clause is to require Northern Ireland Departments, in the continued absence of Northern Ireland Ministers, to promote credit unions in Northern Ireland.
New clause 5—Guidance on exercise of departmental functions: energy co-operatives—
‘(1) The guidance published under section 3(2) must include guidance on energy co-operatives.
(2) Guidance under this section includes, but is not limited to, guidance to —
(a) senior officers of the Department of the Economy in the exercise of their functions in relation to—
(i) energy policy and legislation;
(ii) sustainable energy, including energy efficiency measures;
(iii) assistance to the gas and electricity industries;
(iv) Renewable Heat Incentive Scheme and associated costs;
(v) the social economy; and
(vi) making certain payments to the Department of Business, Energy and Industry Strategy; and
(b) senior officers of the Department for Infrastructure in the exercise of their functions in relation to energy matters.
(3) Guidance under this section must include the promotion of energy co-operatives in Northern Ireland to combat fuel poverty and to encourage the safe, sustainable, affordable and efficient production and consumption of energy in all parts of Northern Ireland.’
The intention of this new clause is to require Northern Ireland Departments, in the continued absence of Northern Ireland Ministers, to promote energy co-operatives in Northern Ireland.
New clause 6—Guidance on exercise of departmental functions: housing co-operatives—
‘(1) The guidance published under section 3(2) must include guidance on housing co-operatives.
(2) Guidance under this section includes, but is not limited to, guidance to senior officers of the Department for Communities in the exercise of their functions in relation to—
(a) loans for certain home improvement loans;
(b) housing led regeneration;
(c) regulation of the NI Housing Association sector;
(d) urban regeneration including services such as property maintenance and events;
(e) community and voluntary sector;
(f) grants to district councils in support of local services and transferred functions;
(g) built heritage; and
(h) grants and grants-in-aid.
(3) Guidance under this section must include the promotion of housing co-operatives in Northern Ireland to combat poverty, family breakdown and social exclusion and to encourage the provision safe, sustainable, affordable and energy-efficient homes in all parts of Northern Ireland.’
The intention of this new clause is to require the Northern Ireland Department for Communities, in the continued absence of Northern Ireland Ministers, to promote housing co-operatives in Northern Ireland.
New clause 7—Equal rights for people of Northern Ireland (No. 2)—
‘(1) In the absence of Northern Ireland Ministers to address the matters identified by recent, current and future court proceedings in relation to the human rights of the people of Northern Ireland, the Secretary of State must issue guidance to senior officers of all Northern Ireland departments which will specify how to exercise their functions in relation to—
(a) the incompatibility of the human rights of the people of Northern Ireland with the continued enforcement of sections 58 and 59 of the Offences against the Person Act 1861 with the Human Rights Act 1998, and
(b) the incompatibility of the human rights of the people of Northern Ireland with the continued enforcement of section 13(e) of the Matrimonial Causes (Northern Ireland) Order 1978
where they pertain to the provision and management of public services in Northern Ireland.
(2) The Secretary of State shall report guidance under this section on a quarterly basis to the House of Commons and set out her plans to address the impact of the absence of Northern Ireland Ministers on human rights obligations within three months of the day on which this Act is passed.’
This new clause would increase accountability of the Secretary of State and senior officers of Northern Ireland departments for their role in ensuring human rights compliance in Northern Ireland, in the absence of Northern Ireland Ministers, by requiring them to address incompatibilities between legislation applied in Northern Ireland and human rights obligations.

Nigel Mills: May I first apologise for being a little late for the wind-up speeches on Second Reading? I was sorry to miss the speech by the hon. Member for Ealing North (Stephen Pound), the shadow Minister, as his speeches are usually entertaining and informative.
Amendments 15 and 16 are efforts to probe the Government on the future direction of policy in certain areas and perhaps to improve the Bill, but I will not seek to press them to Divisions. Amendment 15 is an attempt to discover the Government’s plan if—heaven forbid—we reach the end of the period for the formation of the Executive and we still do not have one. Effectively, what would happen in law without any further clarification is that we would default back to the present situation—the Secretary of State would have a duty to consider setting an election date. The present interpretation seems to be that she has no duty to call an election for any particular date. The House of Commons and the people of Northern Ireland have been very patient for the past 650 days—that was the count we heard earlier—in not pressing the Government to clarify the meaning of the words on considering the date for an election in the legislation of a decade ago.
We may fairly say that if we manage to get to late August 2019—I cannot calculate the number of days, but I suspect it will be well over 800 days since an election by that point—without a Government being formed, the only solution might well be to have another election and see whether the people of Northern Ireland  wished to express a different view from the one they expressed 650 days ago. If we get to that stage, I would argue that an election would be unavoidable unless we really believed that another few days would tip a deal over the line.
I also venture to suggest gently that having clarity in the law about the consequences for the parties if they cannot reach a deal by that point may be of some assistance in the negotiations. It is probably fair to say that the Northern Irish parties are not great respecters of deadlines. Indeed, deadlines in this process seem to come and go without provoking much action. If a deadline were set in law, it would be clear throughout the discussions that an election would be called if the parties could not reach an agreement by the end date of late March, or late August or somewhere in between that the Secretary of State sets.
Actually, whether to call an election would not be a matter for the Secretary of State’s discretion: it would be a matter of law that the election had to be called unless she thought that she could get a new piece of legislation through Parliament to delay or remove that obligation. If a deal was about to be reached and some legislation here was needed to bring it about, I do not think that we would have any problem in agreeing to it. We would all be grateful to do anything we could to bring the Executive back. But a line would be drawn in the sand to make it clear that if the parties do not agree by a certain date, the Secretary of State has no option but to call an election to ask the people their opinion on resolving the situation.
I ask the Government to consider at least clarifying the consequences of the period for Executive formation lapsing without success and the Government’s policy in that regard. Setting out clearly in a way that will not be ignored this time that an election would have to follow might offer some assistance in the negotiations.
My other proposed amendment, amendment 16, concerns the appointment of individuals to certain key bodies in Northern Ireland. Ideally, that would be a decision for the Northern Ireland Executive and the Assembly and there would be some cross-community involvement. It would be a joint decision, effectively. The Bill quite rightly takes the power to make those appointments, but effectively leaves the decision to the Secretary of State without the need for any real consultation with Parliament or the public on those decisions. I accept that we do not need to have that level of parliamentary involvement for every appointment that might be needed, but what I am trying to do through the amendment is ask whether for the most senior and important posts we could in some way have some parliamentary scrutiny of the individual whose appointment is recommended. This is not a novel process. Many Departments allow Select Committees to hold scrutiny hearings for proposed senior appointments, so it would merely replicate that process.
Attempting to get the amendment in order, I suggested that the definition of seniority could come with a salary of £100,000, but I would not be particularly committed to how we define the cut-off. However, if we were to have this process for sensitive appointments, I think that that level of salary would catch a new Chief Constable, if for some reason one was needed, or perhaps the chair of the Office of the Police Ombudsman for Northern Ireland.
For those very sensitive and senior posts for which there is cross-party concern about the individual who is appointed, having a parliamentary scrutiny process in which questions could be asked of the individual to discuss any past roles they have had or comments they have made and to seek their views on how they would carry out their burdensome responsibilities would give both Parliament and the people of Northern Ireland some comfort that the right person had been found and that they would discharge those responsibilities in a responsible manner.
Even if the Secretary of State is unwilling to accept what I have proposed, I urge her to give serious consideration to whether it would help those individuals to have the full confidence of Parliament and the trust of the public in discharging their roles if she allowed some public scrutiny and accountability in the process of appointing them.

Gavin Robinson: Does the hon. Gentleman realise that that is not what would happen if there was a functioning devolved Assembly and that putting some of those positions through that political prism brings some difficulties with it in the Northern Ireland context? If an appointment were rightly made to the Policing Board, it would be for the board to assess and judge any individual going for the Chief Constable role. With the police ombudsman, there is no public scrutiny role like that which we have seen through the process for US Supreme Court judges available at the moment. That role does not exist at the moment; it did not exist when the Assembly sat, so is it really the road we should go down on this interim basis?

Nigel Mills: I said that I was not necessarily fixed on how we define the roles, but we are not in a normal situation. We do not have the Executive or the Assembly to make those appointments; what we will end up with is a Secretary of State over here, with no accountability and no cross-community input, simply making that decision. I was suggesting that this would be a way to provide at least some scrutiny and accountability for these important appointments. The Bill to which we have just given a Second Reading actually specifies that the Secretary of State can effectively make those appointments herself. I accept that we cannot replicate every process that the Executive would have followed, but I am attempting at least to find some way to improve the situation over that which we have in the Bill.
Perhaps I can make a few remarks on the amendments tabled by the Chair of the Select Committee, my hon. Friend the Member for South West Wiltshire (Dr Murrison). It seems a bit discourteous to talk about his amendments before he has had a chance to discuss them, but this is my only chance so I guess I will do it anyway. Amendment 2 suggests some items that could be included in the Secretary of State’s guidance to the civil servants on which we really ought to see them take some action. As I said on Second Reading, ideally what we would get from this process would be some decisions that could not be taken before now because there has been no ministerial direction.
In terms not only of the items that my hon. Friend has suggested in amendment 2 in relation to the Hart report, which we have discussed at some length, but of all the various Brexit-related issues, we need as a House to be assured that in the event that any important  decisions need to be taken as a consequence of wherever Brexit goes over the next few months, there is a process in place whereby decisions can be taken for Northern Ireland.
We do not want to end up accidentally in the horrible position where this Parliament acts for England, the Welsh Assembly acts for Wales and the Scottish Parliament acts for Scotland, taking key decisions on what might be new policy areas, such as fishing or agriculture, but Northern Irelanders cannot have those decisions taken on a timely and sensible basis. We all need to understand that somebody somewhere has the power to take those decisions—to put in place whatever new arrangements need to be made—in good time, so that we are not rushing around at the end of March, trying to find a short fudge to get us over the line. It would help if the Government clarified either that all those important issues in amendment 2 can be covered by the existing guidance, as drafted in the Bill, or that some other mechanism will be in place to take those important decisions.

Stella Creasy: I shall speak to new clause 7, which is about equal rights in Northern Ireland. I hope that Members across the House who have already supported the new clause will recognise that it is an incredibly reasonable request to put to the Secretary of State, about an incredibly important issue for the House, and indeed for many people in Northern Ireland.
I do not intend to speak for long, because many others wish to get in. I simply want to set out three important points about this reasonable new clause—first, how it respects devolution; secondly, why it addresses issues that cannot simply be left any longer; and thirdly, how we believe it has relevancy to this House and the obligations of Members of this House as part of the Good Friday agreement.
The new clause requests the Secretary of State’s acts to be held to account because of what the Bill does—it recognises that since March 2017, we have not had an Assembly in Northern Ireland. [Interruption.] January 2017; I apologise to the Secretary of State. It has been too long for residents of Northern Ireland not to have a functioning Government, and it has an impact on their lives. The Bill recognises that resolving the dysfunctions behind that is far ahead of us at the moment, and so gives powers to the Secretary of State and to the civil servants to exercise the functions of Government. [Interruption.] It does give power to the Secretary of State because it gives her guidance powers; I believe those are quite powerful, and the new clause speaks to those powers.
For avoidance of doubt, the new clause would not create a new law in Northern Ireland, but it would recognise that there are thousands of people in Northern Ireland whose lives, right now, are affected by two key human rights issues; and they are indeed human rights issues, because they are issues on which our courts are currently discussing, ruling and indeed appealing. They refer in particular to a person’s right to marry who they love, and also to the right of women to have bodily autonomy—to make the choice, if they so wish, not to continue with an unwanted pregnancy. Both of these have been subject to court action, because we recognise that in Northern Ireland they have different rules.
Let us talk about the consequences of those rules. When it comes to abortion, we know that right now in Northern Ireland, if you are raped, and you become pregnant as a result of that attack, and you seek a termination, you could face a longer prison sentence than your attacker. We know too that gay couples in Northern Ireland, when they step off the plane, no longer have their relationship respected in the way that any of us would wish our relationship to be respected. They do not have equal marriage in 2018.
Both of these sets of circumstances come about as a direct result of legislation that was written in this place. First and foremost, sections 58 and 59 of the Offences Against the Person Act 1861, and also, because of the Matrimonial Causes (Northern Ireland) Order 1978. So there is a relevancy for us in this House, because legislation written here is having a direct impact on the human rights of people in Northern Ireland today.

Layla Moran: Can the hon. Lady confirm something that Northern Ireland Amnesty told me, which is that, yes, powers are theoretically devolved to Northern Ireland, but there is no piece of human rights legislation that has been passed at Stormont; and actually, all changes to human rights law in Northern Ireland have been passed in this place?

Stella Creasy: I know that the hon. Lady also feels strongly about this issue. If I may, however, I shall now deal with—in particular—the human rights obligations that I believe we have in this place as a direct result of the Good Friday agreement.
There is a theoretical argument about what those pieces of legislation mean, and there is the human impact of what they mean for people in Northern Ireland.

Sylvia Hermon: Will the hon. Lady give way?

Stella Creasy: I will shortly, but I feel that the House wants to hear the figures that I am about to give.
A year and a half ago, the House voted to allow women from Northern Ireland to come to England and Wales and have abortions on the NHS. We now know that 28 women a week travel to this country for that very purpose. We also know that our own Supreme Court says that it is a cruel and degrading treatment of our own citizens to require them to travel. Many cannot travel. Many find that journey lonely, frightening and difficult, at the very time when they are at their most vulnerable. We also know that a year ago, 84 couples in Northern Ireland had to have civil partnerships because they could not have the basic equality of recognition before the law of their relationship as a marriage. That is the very human impact of those ancient pieces of legislation that we crafted in this place.
I will now happily give way to the hon. Member for North Down (Lady Hermon), because I want to hear from her.

Sylvia Hermon: I am very grateful to the hon. Lady. She will be well aware of the Supreme Court ruling in, I think, June this year which established—the majority of the judges made it quite clear—that the existing abortion legislation in Northern Ireland was “deeply unsatisfactory”  in relation to fatal foetal abnormality and sexual crime. The law in Northern Ireland will have to change. That was a ruling in the Supreme Court, our highest court in the United Kingdom. The hon. Lady made clear at the beginning of her speech that her new clause would not change the law in Northern Ireland, so if it is passed this evening, or even put to a vote, what exactly will be the consequence?

Stella Creasy: The hon. Lady has raised an important point. That court judgment in June 2018 held us all to account for what we were doing about human rights. It was simply because the Northern Ireland Human Rights Commission was not a direct victim of that policy that the policy could not be enacted. We learnt today that Sarah Ewart, an incredibly brave woman, is continuing the court process, because there is no other form of redress and remedy at present.
As the Government have previously said, these are matters on which the Assembly, were it to be functioning, should be able to act; but, as we said at the start, the Bill constitutes a recognition that the Assembly is not functioning, and is unlikely to be functioning soon. What, then—this is the human question—do women like Sarah Ewart do? What, then, do people who love each other do when their politicians fail them? What do the public do? The new clause asks that question in a way that none of us can ignore. It asks the Secretary of State to take on the responsibility of reporting on what she will do.

Simon Hoare: Will the hon. Lady give way?

Stella Creasy: I will happily give way, but I do want to make some progress, because I know that other Members want to speak.

Simon Hoare: Surely, in those circumstances, one just changes the politicians through the ballot box.

Stella Creasy: With respect, I wonder whether the hon. Gentleman has read the legislation on which we are voting today, because it constitutes a recognition that there will not be an election in Northern Ireland any time soon to make that possible. So I repeat my question to him: what do the women do who need that help now, who deserve that respect and equality when it comes to control over their own bodies, and who might be in that dreadful position that involves a fatal foetal abnormality? What do they do now?
What those women do now is look to this place to be able to assist them. They look to the Secretary of State, and to the piece of legislation that she is creating, and they can look to the new clause to hear the call from this place that we will not ignore them. We will hold ourselves to account, and will hold Secretaries of State to account, for the incompatibility in human rights that the continued existence of those two pieces of legislation represents in their lives. That is what this incredibly reasonable new clause does. It does not create a new law, but it does not shy away from recognising the impact of those existing laws either. In that sense, it is entirely within the spirit of the Good Friday agreement.
Twenty years ago, our predecessors in this House, alongside their colleagues from the Irish Government, swore to uphold the human rights of the Northern Irish  communities. They swore in the Good Friday agreement to make sure that there was an equivalency of rights. Every single month that passes, that promise comes into stark relief, because when we look at the Republic where same-sex marriage is legal and look at that historic referendum this year when abortion became legal in the Republic, we can see that that request not to have different rights is becoming tested.
The Good Friday agreement also required this House and UK politicians to act alongside their Irish counterparts, and that is what this new clause can do, while respecting our shared desire to see the Assembly up and running. So it is a very simple amendment, and I am sorry that it has come to this point and the Secretary of State does not feel able to accept it, and I am proud that it has cross-party support, because that respects and recognises that upholding human rights cannot be something we simply talk about doing abroad but do not recognise on our own doorstep.
I also think there has to be some honesty here. There are some Members of this House who do not believe that women anywhere should have bodily autonomy; there are some Members of this House who do not believe we should be able to marry the person we love. But I make a simple plea to those people: “Be honest with the people of Northern Ireland that your objection is that, and do not use devolution as a decoy for a denial of their human rights.”

Layla Moran: I say this to be helpful to others in the House. I went to Belfast recently—to Stormont—and I had not appreciated that same-sex marriage has majority support among MLAs and a huge amount of support in terms of public opinion. The reason why it did not pass is because there is a thing called the petition of concern which essentially acts as a veto, so to say that there is not support and the people of Northern Ireland should just change their politicians does not work in this case; it has to be us who take that leap for them.

Stella Creasy: I thank the hon. Lady for that intervention. Sadly, on both issues opinion polls show us that the politicians in Northern Ireland are behind the public consistently; indeed, they are behind their own supporters when it comes to both issues. [Interruption.] The right hon. Member for South Holland and The Deepings (Mr Hayes) is chuntering from a sedentary position; I understand that he has philosophical objections on some of the issues in this debate, but I hope he will have respect for the people of Northern Ireland and therefore agree that the case should be heard as to why the Secretary of State should be asked to protect their human rights and to be held to account for what is happening.

John Hayes: rose—

Stella Creasy: I happily give way.

John Hayes: That means I will not have to chunter from a sedentary position, so I am grateful to the hon. Lady. Just to be clear about public opinion in Northern Ireland, the latest polling, which was authoritative—it was not a rogue poll—shows that the overwhelming majority of Northern Irish women favour the status quo, and interestingly that was broken down by age and  younger Northern Irish women are no more in favour of changing to the position the hon. Lady wants than older ladies.

Stella Creasy: I am fascinated by the poll the right hon. Gentleman cites. Let me give him the direct data from the Amnesty International poll taken this year, which says that 65% of people in Northern Ireland think abortion should be decriminalised and 66% think Westminster should act in the absence of the Assembly. Let me also cite for him the Sky News poll of 2018 that shows that 76% of people in Northern Ireland support equal marriage. I say to him gently again that I understand that he has philosophical objections on some of these issues, whether from religious or moral conscience, and I respect that, but it is not enough to say this is about devolution on that basis. He needs to be honest with this House that his objection is about conscience, because there is not a devolution objection to this new clause. The new clause respects devolution, but it also asks us to respect human rights.
Ten years ago we had the opportunity to change things for women in Northern Ireland and that did not happen, and as a result we know from studies that 10,000 women have either had to travel to England to have an abortion or have taken pills bought online. If we reject this new clause, are we really trying to say that 10 MPs matter more than those 10,000 women whose lives have in the last 10 years been affected by our failure to act?

Anna Soubry: Will the hon. Lady also make it very clear that the rather barbaric and antiquated laws that exist in Northern Ireland are not even effective, because all they mean is that, as she said, about 28 women every week have to come over to England and Wales? So the laws are not working in any event, and this just makes them even more barbaric because women have to travel to exercise the same rights that my constituents have.

Stella Creasy: I share the passion of the right hon. Member for Broxtowe (Anna Soubry) on this matter and increasingly on many other things. She is absolutely right. Stopping safe, legal abortion does not stop abortions happening; it just stops safe abortions happening, as we have seen from the women taking pills who have been unable to seek help from their doctors in Northern Ireland. Stopping same-sex marriage does not stop people of the same sex falling in love with each other; it just stops them having the equal respect and dignity that comes from being able to marry who they love and say it proudly. It is a simple right that all of us in this Chamber would want and that all of us seek for our constituents.
However, I recognise that those are matters for the Assembly, and that is why I want to remind Members here that this new clause respects that process because it looks at the legislation before us today and asks who, in the absence of a functioning Assembly, can be the champion of the human rights of the people of Northern Ireland. It asks who can address the incompatibilities that these court proceedings are identifying, and who can ensure that we do not spend another 10, 20 or 30 years hearing the stories of shame, of hurt and of the rights abuses of the people of Northern Ireland, and simply shrugging our shoulders because politicians cannot get their act together to have an Assembly.
The answer is sitting opposite us, in the role of the Secretary of State. If the Secretary of State cannot stand up for the human rights of the people of Northern Ireland in the circumstances, and if she cannot account to us as a House about the impact of legislation written in this place on the lives of the people of Northern Ireland, who can? This is not about the Assembly. It is not about us directly. It is about the Secretary of State, and the new clause would simply ensure that that role cannot be avoided.
The people of Northern Ireland need to hear now that their rights are not going to be the casualty of the chaos that we are seeing right now in Northern Ireland. The people of Northern Ireland, who need their rights to be protected, need to know now that they will find friends across this House. We have already seen that in the numbers of people signing the new clause, and I hope, given that it does not set out a new law but recognises accountability and responsibility, that it will find favour across the House. The people of Northern Ireland, whose rights have been such a political football for so long, need and deserve nothing less from all of us.

Fiona Bruce: I rise to speak against new clause 7 on the basis that it is clearly inappropriate. It goes far beyond the Government’s narrow, specific intention, in framing this emergency Bill, of ensuring that the administrative functions should keep working efficiently in Northern Ireland in the absence of an Executive there. Their intention was not to go further and to influence key devolved policy matters that should be more properly decided by that Executive. The very fact that this is an emergency Bill is a cause of great concern. Many colleagues have said to me that on such important and sensitive issues—

Heidi Allen: It is very kind of my hon. Friend to give way. On the subject of emergency Bills, what could be more of an emergency than the women of Northern Ireland wondering, right here and right now, what on earth they have to put themselves through in order to have the choice to have an abortion without having to travel to England? For me, that is a pretty big emergency, too.

Fiona Bruce: I absolutely agree that this is an issue that requires the greatest of care and that needs to be addressed with considerable compassion. It therefore deserves more time to be considered by the Members of this House than it has been given in this emergency debate. That is the point that I wanted to make. The proposer of the new clause might say that it does not interfere with devolution, but it clearly has the potential to undermine devolution, touching as it does on the key devolved issues of abortion and marriage.

Jim Shannon: Not only does the new clause go against the will of a great many of us in this House, but it also goes against the will of 60% of the people of Northern Ireland—women who say that they do not want any change. That is what the people of Northern Ireland are saying, so why should this House make it any different?

Fiona Bruce: The hon. Gentleman makes a pertinent point, which I shall refer to further.
I think the hon. Member for Walthamstow (Stella Creasy) said that the powers of guidance that the Bill gives to the Secretary of State are powerful. Indeed, I believe that they are; the guidance given to the Secretary of State is far reaching. The guidance cannot and should not change the law, but it could well encourage officials and citizens to believe that it does, and it may well change behaviour. I therefore exhort the Secretary of State to ensure that if new clause 7 is passed—I will certainly vote against it—none of the guidance she provides in any way encourages officials to effect any policy changes. Indeed, I seek her reassurance today that she will specifically guard against that happening.

Sarah Wollaston: My hon. Friend appears to be arguing for the continuation of a human rights border down the Irish sea.

Fiona Bruce: What I am arguing—reluctantly, I need to repeat many of the points I made in the Chamber yesterday—is that this key issue does merit reconsideration, but reconsideration in the right legislative chamber, namely the Northern Ireland Assembly. Elected officials there should be making such decisions while accountable to the people they represent.

Huw Merriman: My hon. Friend is being generous in giving way. The recent Supreme Court decision requested that lawmakers take action where our law is incompatible with treaties that involve requirements on the UK Parliament. Even if it was just a matter for Northern Ireland, it has been almost two years since democracy has been in action there, so it is surely for this House to take note of such things.

Fiona Bruce: I am happy to address such points. I accept that several justices set out their thoughts on abortion legislation in Northern Ireland in a narrow set of circumstances in the Supreme Court decision earlier this year. However, those views cannot be extrapolated into a case for arguing that human rights are being curtailed in every circumstance in Northern Ireland. We must be clear that the Supreme Court did not make a binding declaration of the incompatibility of Northern Ireland abortion law with human rights. New clause 7 should not use that declaration to justify this proposal.

Diana R. Johnson: Will the hon. Lady give way?

Fiona Bruce: No. I have taken several interventions, and I will, if I may, proceed.
New clause 7 goes much further even than the non-binding comments made by the judges in the Supreme Court case—a case of serious foetal abnormality. As I say, I am mindful of what a difficult situation that is and fully agree that it merits further attention for the women who may be affected by it, but that must happen in the right legislative chamber.

Anna Soubry: Will my hon. Friend give way?

Fiona Bruce: No, I will continue, if I may.
New clause 7, which refers to the decriminalisation of sections 58 and 59 of the Offences Against the Person Act 1861, goes much further than even the obiter dicta  statements of the Supreme Court judges. It goes much further than referring just to foetal abnormality and seeks much broader changes than the narrow circumstances to which the judges referred, which is a further reason why it should be opposed.

Anna Soubry: Will my hon. Friend give way?

Fiona Bruce: I have said no, and I am going to continue. I have taken many interventions, and many others want to speak.
Even in situations where there is a declaration of incompatibility, the Human Rights Act 1998 is clear that legislatures are not required to change the law. That is for legislators to decide, and in this case that means the Northern Ireland Executive. It has also been argued that the Government should change the law because of wider international human rights obligations that the UK has signed up to—specifically recommendations from a February 2018 report by a UN Committee on the Elimination of Discrimination Against Women—CEDAW. Professor Mark Hill QC has written a long opinion on the CEDAW report, and he argues cogently that there is no requirement to act on the basis of the report because there is no right to abortion under the relevant convention and because the committee does not have the power to stipulate that the UK should make any resolutions.
Members are being asked to support new clause 7 on the basis of pressing human rights concerns, but those concerns rest principally on a failure properly to understand what a declaration of incompatibility means. Such a declaration carries no imperative to change the law, especially when the subject is within the margin of appreciation, as is the case with abortion.
Baroness Hale acknowledged at paragraph 39 of the Supreme Court’s Northern Ireland abortion law judgment in June that the democratically expressed will of the people is important, and we must not forget the key vote by the Northern Ireland Assembly in 2016 not to change abortion law.
My right hon. Friend the Member for South Holland and The Deepings (Mr Hayes) mentioned some statistics, and so did the hon. Member for Walthamstow. I remind the Committee of a ComRes poll released just last week showing that the following percentages of people say that changes to abortion law should be a decision for the people of Northern Ireland and their elected representatives, not Westminster: 64% of Northern Irish people, 66% of Northern Irish women and 70% of 18 to 34-year-olds in Northern Ireland. We must respect that, we must respect the Assembly’s 2016 decision and we must respect that many people in Northern Ireland do not want to see these changes, and they certainly do not want to see changes resulting from guidelines issued by a Secretary of State in Westminster, with all the implications that could involve.
New clause 7 must be rejected. I absolutely understand that this is a very sensitive topic but, even through a misapprehension or a misunderstanding, for civil servants to be seen as being given the power to influence this policy would be quite wrong. Out of respect for the people of Northern Ireland and their elected representatives, new clause 7 must be voted down.

Jeffrey M. Donaldson: I welcome the opportunity to take part in this debate in Committee. Amendment 15, in the name of the hon. Member for Amber Valley (Nigel Mills), would require an election to be held when these special measures come to an end. For our part, the Democratic Unionist party has no fear of an election. We have just had a council by-election in Carrickfergus, which we won comfortably. We are not fearful of putting ourselves before the people.
If the hon. Gentleman were here, I would say that holding an election would not change the reality. If we have dialogue and cannot reach a political agreement, all an election will do is further polarise the community and make it even more difficult to reach a political agreement. [Interruption.] If Labour Members are so interested in elections in Northern Ireland, maybe one of them will explain why the Labour party does not contest elections there.
Labour Members want to change laws in Northern Ireland, and they want to tell the people of Northern Ireland what to do, but they do not have the courage of their convictions to put themselves before the people of Northern Ireland and seek election. A little quiet from that quarter is the order of the day. When they are ready to come before the people of Northern Ireland and put themselves forward, we will listen to the Labour party. With all due respect, at least the Conservative party—

Lyn Brown: On a point of order, Dame Rosie. I would be grateful for a more comradely debate, rather than the rant to which we are being subjected. Perhaps we need to take a moment to calm down.

Rosie Winterton: I thank the hon. Lady for her point of order, and I remind everybody that moderation in language and in debate is what we would like to see. This is a very important debate, and perhaps we need to take the temperature down a little.

Jeffrey M. Donaldson: If we need to moderate debate because I have called on people to put themselves forward and seek a democratic mandate, I stand to be corrected, but the people of my constituency are looking at the Labour party. More than 60% of the people who voted in my constituency voted for my party at the general election. When I hear Labour Members tell me that they speak more for the people I represent than I do, I am entitled to say that they should put themselves forward in Lagan Valley at the next election. Seek a mandate. Take me on. I am more than happy to contest the Labour party in Lagan Valley. Let us see then whether I speak for the people of Lagan Valley or they do.
I really believe that having an election for the sake of it does not get us beyond the current political impasse. Again, for the record, let me say that the DUP stands ready to engage in dialogue and to go into government. We are not preventing the people of Northern Ireland from being in government. We have an electoral mandate to be in government, but Sinn Féin—one party; itself alone—is preventing the people of Northern Ireland and my party from exercising the right given to us by the people to provide government for the people of Northern Ireland.
I say to the hon. Member for South West Wiltshire (Dr Murrison) that I am supportive of his amendment calling for the Secretary of State to have regard to representations from Members of Parliament, because that is not an unreasonable suggestion. Members of Parliament, not just on our Benches, but even those who do not take their seats, should have the opportunity to provide input and advice to the Government on this. I am bound to say, however, that that is not a substitute for what we would have liked to have seen: in the absence of a fully functioning Assembly, at the very least we would have liked its Members to have been given a scrutiny function. In the exercise of those powers, those Members could, thus, scrutinise the Government Departments that are to be the subject and beneficiary of this legislation. It is a matter of regret that the Government have resisted such a proposition because Sinn Féin is unlikely to take part. Yet again, Members of the Legislative Assembly will not have the opportunity to be involved and have a role in this process because one party, alone, declines to take part. When people talk about vetoes, we can talk about the petition of concern, but Sinn Féin does not need to exercise a petition of concern to refuse to take part in the function of government in Northern Ireland; it simply consults its illegal army council, gets instructions from Connolly House and refuses to be in government. That is the situation we are in at the moment, and it is a pretty dreadful one.
Let me turn to new clause 7, tabled by the hon. Member for Walthamstow (Stella Creasy). She says she respects the principle of devolution, yet some of the Members supporting the new clause have put forward Bills in this House of Commons that would have the effect of undermining devolution in Northern Ireland. Therefore, I take with some concern this notion that what is proposed is not about interfering with the devolution settlement, as I fear it does.
I also wish to deal with the suggestion that is integral to the new clause, which is that the reason we need to make this amendment to the Bill is the ruling of the Supreme Court. The Supreme Court did not rule that the law should change in Northern Ireland—that is absolutely the case. The hon. Member for North Down (Lady Hermon) is much more learned in the law than I am, but I have to say to her that I have consulted the Attorney General for Northern Ireland and he tells me clearly, in writing, that the Supreme Court judgment does not obligate the Northern Ireland Assembly to change the law.

Sylvia Hermon: The right hon. Gentleman is referring to a judgment where the majority of the Supreme Court, by four to three, dismissed the case on a technical point to do with the status and powers of the Northern Ireland Human Rights Commission. If he reads the judgment carefully, he will find—I will stand corrected if I am not right on this—that a majority of the judges, including Lord Kerr, described the abortion legislation in Northern Ireland in relation to fatal foetal abnormality and sexual crime as “deeply unsatisfactory”. Those are the words that were used. I plead with the right hon. Gentleman’s party to indicate what help and assistance is going to be given to those hundreds of women who feel that they have to leave their own country, Northern Ireland, to seek an abortion. Abortion is not compulsory;  it is an option. Women should have the choice in cases of rape, incest and fatal foetal abnormality. Will the hon. Gentleman’s party accept those circumstances for change?

Jeffrey M. Donaldson: I respect what the hon. Lady said, but I point out to her that section 4(6) of the Human Rights Act 1998 is clear on the point of incompatibility. It states clearly:
“A declaration under this section (“a declaration of incompatibility”)…does not affect the validity, continuing operation or enforcement of the provision in respect of which it is given”.
That is the human rights law of this country. When the hon. Lady suggested in her intervention earlier that the Supreme Court judgment compelled the Northern Ireland Assembly to change the law, she was incorrect in her assertion. That opinion comes from the Attorney General for Northern Ireland and his respected advice on this subject.
On the question that the hon. Lady posed, in respect of fatal foetal abnormality, when a mother is expecting a child with a potentially life-limiting condition, I too have met Sarah Ewart, as has my hon. Friend the Member for Belfast East (Gavin Robinson), who is her Member of Parliament, and I have enormous respect for Sarah. As a result of her initiative, the Northern Ireland Executive commissioned a working group to examine this area of the law in Northern Ireland, and that working group brought forward proposals. Here is the irony: if Sinn Féin allowed Northern Ireland to have a Government, we would by now have addressed this area of the law.

Anna Soubry: Will the right hon. Gentleman give way?

Jeffrey M. Donaldson: Because we have a working group that was set up by the Executive and that has brought forward proposals, this area of the law would have been addressed by now.

Layla Moran: Will the right hon. Gentleman give way?

Jeffrey M. Donaldson: With respect to the hon. Member for North Down, the party that is preventing this issue from being addressed in Northern Ireland is not the Democratic Unionist party; it is Sinn Féin who are preventing the Executive from addressing the report of the working group, which has brought forward proposals in respect of mothers who are expectant with a child who may have a life-limiting condition, so let us get our facts straight.

Anna Soubry: Will the right hon. Gentleman give way?

Jeffrey M. Donaldson: In respect of the issue relating to sex crime, I agree with the hon. Member for North Down that we need to examine this area of the law in Northern Ireland, but the difficulty is that we cannot do it—not because the Democratic Unionist party is standing in the way of examining these sensitive issues, but because Sinn Féin are preventing the Northern Ireland Assembly and Executive from carrying out their function. That is the political reality of the situation in Northern Ireland.

Anna Soubry: Will the right hon. Gentleman give way?

Jeffrey M. Donaldson: That is why we are unable to examine the laws.

Layla Moran: Give way!

Jeffrey M. Donaldson: In respect of the proposals before us, it is important that we consider carefully what we are doing. If we really are to be true to our commitment to respect the devolution principle—

Layla Moran: Will the right hon. Gentleman give way?

Jeffrey M. Donaldson: The hon. Member for Totnes (Dr Wollaston) referred earlier to a border in the Irish sea. Let me address that for a moment.

Anna Soubry: Will the right hon. Gentleman give way?

Jeffrey M. Donaldson: What is the point of devolution?

Layla Moran: Will the right hon. Gentleman give way?

Jeffrey M. Donaldson: It was this House that decided that Northern Ireland should have devolved responsibility for abortion and marriage. It was this House that decided to give to the Northern Ireland Assembly and Executive the power to legislate on these areas of life. That is the reality. The hon. Member for Walthamstow talked about the decisions of this House—

Anna Soubry: Will the right hon. Gentleman give way?

Jeffrey M. Donaldson: It was this House that decided that the Northern Ireland Assembly and Executive had the power to legislate on these areas of the law.

Gareth Snell: Will the right hon. Gentleman give way?

Layla Moran: Will the right hon. Gentleman give way?

Jeffrey M. Donaldson: In respect of—

Rosie Winterton: Order. I do not think that the right hon. Gentleman is going to give way, so rather than just shouting at him, I think that we should allow him to continue, because he will be well aware that a lot of other hon. Members want to contribute to the debate.

Jeffrey M. Donaldson: I am very much aware of that, Dame Rosie. I have taken some interventions but there is a lot that we need to say and a lot that others want to say, and I respect that.
This issue is important because it is about the principle of devolution. If we truly respect the decisions of this House—which gave the power to the Northern Ireland people, through the Assembly and the Executive, to exercise the right to legislate on these areas of the law —please let us not talk about creating a border in the Irish sea, when we all voted to give Northern Ireland that power. Otherwise, what is the point of devolution? The point of devolution is that the people of Northern Ireland have the right to legislate for laws that affect their lives. It is the same in Scotland and in Wales. That is why we have devolution.
Members of this House say to me, a Member from Northern Ireland, that talking about having different laws in my part of the United Kingdom is somehow about creating a border in the Irish sea; it is not. It is about respecting the principle on which this House agreed—that Northern Ireland has the right to make its own laws in its own legislature as part of this United Kingdom. That is important.
We must respect the devolution principle, not breach it. I understand that this legislation is only about giving civil servants advice and direction; I am not suggesting that it is about changing the law. Nevertheless, we need to be careful because I rather suspect that the hon. Member for Walthamstow does not see this as the end game—not as an end in itself, but as a means to an end. Let us be honest with each other about that. I believe that the hon. Lady sees this measure as a means to an end in changing the law in Northern Ireland. All I am saying—I echo previous comments made today—is that most people in my constituency and in Northern Ireland believe that it is for the Northern Ireland Assembly and Executive to make those laws. My party will therefore vote against new clause 7 because it has the potential to undermine the principle of devolution. I say that without prejudice to the points made by the hon. Member for North Down, which I respect. We are not running away from the issues, court judgments or any of those things. What we are saying is that the proper place to deal with and discuss these matters is in the Northern Ireland Assembly.
In the most recent democratic vote on abortion law of any legislature in the United Kingdom, the Northern Ireland Assembly in 2016—only two years ago—voted by a majority to retain the existing law on abortion in Northern Ireland. Now, I accept that we need to examine the issues. In fact, we have looked at the whole question of life-limiting conditions and we have a working group report that we want to get back to.
Let me return to the core and central point of all this: I listened to the new president of Sinn Féin, Mary Lou McDonald, talking about equal rights, and I pointed out to her in a panel discussion that if the Assembly sat tomorrow and there was a vote on marriage, the Democratic Unionist party would not have enough seats on its own to table a petition of concern. I therefore challenged Sinn Féin that if it believed that this issue is such a pressing one, it should call the Assembly and get the Government up and running. If it believes that this is the priority—if Sinn Féin thinks that health, education, roads and housing should be secondary—it can list it as the first item of business. But it will not call the Assembly and it will not form an Executive. Sinn Féin will not give the people of Northern Ireland, through their elected representatives, the opportunity to address any of these issues.
That is the reality we are dealing with. We can trade arguments back and forward with each other on some of these very sensitive issues, but the reality is that my constituents do not have a Government this evening and are not getting decisions taken that need to be taken because one political party in Northern Ireland is denying not only equal rights but basic rights that impact on the daily lives of my constituents, whether it is their housing rights, their health rights or their education rights. All those rights—human rights—are being impacted. It would be good to hear some hon. Members refer to  those human rights that are currently being denied by Sinn Féin, which refuses Northern Ireland the right to have a democratic Government.

Andrew Murrison: Rarely do we get such fine, sweeping oratory in a Bill Committee. That is probably one of the few advantages of fast-tracking legislation. I am afraid that I am going to turn the temperature down a couple of notches in speaking to my amendments 1 to 9, which are all far more prosaic than new clause 7. I will certainly not be able to match in any way, shape or form the oratory we have heard from my hon. Friend the Member for Congleton (Fiona Bruce), the hon. Member for Walthamstow (Stella Creasy), and the right hon. Member for Lagan Valley (Sir Jeffrey M. Donaldson). These are nevertheless, I believe, important amendments to an important Bill. They deal with clauses 2, 3 and 4.
My amendment 1 is, as it were, amendment 20 in the name of the hon. Member for Rochdale (Tony Lloyd)-lite—that is, it does not delete clause 2 but simply, modestly removes a subsection. That subsection deals with the expediency of not seeking the House’s approval to extend the provisions we are discussing in terms of the Executive. I tabled the amendment to explore with the Secretary of State what “expediency” might mean, because we are handing to her a range of quite important powers in unusual circumstances. That suggests to me that the Committee really needs to do its utmost to scrutinise what is going on. It does not seem to me that the word “expediency” should really creep into the lexicography at all. My point in tabling this simple and modest amendment is to probe the Secretary of State on the circumstances in which she would see fit to enact this extension without the prior approval of the House.
Amendment 2 is the guts of what I want to discuss. It really cuts to the chase in terms of the Bill, because it deals with guidance, which is the single most important part of the proposals before us. It seeks, for example, to be more prescriptive in the sort of guidance that I would like the Secretary of State to give to the Northern Ireland civil service. We discussed some of this on Second Reading. I believe that that would be an improvement, having gone through the draft guidance that has been published, of which, presumably, all right hon. and hon. Members who are interested in this matter have got copies from the Library. The amendment goes further and makes it more prescriptive.
The flagship issue is Hart. There is cross-party and cross-community support for the Hart report, and there really can be no excuse for not cracking on and doing this now. I very much hope that in the forthcoming guidance the Secretary of State will enable that process to be advanced. I have cited Hart as No. 1 in my list of things I seek her to be specific on, because it is obviously the No. 1, big ticket issue that people would like to see action on. People out there really cannot understand why action has not been taken.

Mike Penning: I do not understand why Hart has not been done. There was huge courage within the Northern Ireland Health Department when we got medical cannabis for constituents in Northern Ireland when we were getting Billies and Alfies over here. People had the  will and they needed the confidence. Is my hon. Friend sure that this legislation will give them the confidence, because clearly they are frightened and something is holding them back? They have done it for medical cannabis, so surely they could do it for Hart.

Andrew Murrison: My right hon. Friend makes a very good point, which elegantly exemplifies what I am going on about and brings me neatly on to—

Owen Smith: Will the hon. Gentleman give way?

Andrew Murrison: Before I move neatly on, I shall give way to the hon. Gentleman.

Owen Smith: I have signed the hon. Gentleman’s excellent amendment, but does he not understand from the legislation and, indeed, the answer we heard from the Secretary of State earlier that, in her view, this does not allow her to enact any of the recommendations made under the Hart review? Is he not deeply disappointed by that?

Andrew Murrison: I am not really sure that that is the case. I refer the hon. Gentleman to the guidance, which I am sure he has now read. On the third page, the guidance states that particular weight must be given to any
“serious detriment to the public interest, public health and wellbeing”.
That seems fairly clearcut to me. I think that the Secretary of State will have got the sense of the House today on her being proactive in the guidance that she is able to issue.

Emma Little Pengelly: Some of the concern is that this is actually not that straightforward. The terms of reference that set up the Hart inquiry clearly said that what came after the findings was not a matter for the chair of the inquiry. There are issues and decision points in those recommendations. To use a quick example, Hart recommends legal aid or separate legal representation for each of the people coming forward to a redress board. That has never been agreed. There would be a huge cost and, in my view, a lot of bureaucracy with that approach. There are decision points in the recommendations that, as I understand it in terms of the guidance, could not be made by a civil servant, because there is no consensus at this stage on those matters. That is the complication, and that is why the Secretary of State needs to step in and make those decisions.

Andrew Murrison: I do understand that. One point I made on Second Reading was that I was slightly disappointed that the Bill does not advance pretty much any of the recommendations we made in our report on the democratic deficit, published in May. Had it done so, there would be scope now for even more consultation, using formal structures, which may have assisted the implementation to which the hon. Lady rightly refers.
My right hon. Friend the Member for Hemel Hempstead (Sir Mike Penning) mentioned cannabis, which leads me on to healthcare—a matter that is of particular importance to my Committee right now, since we were at the Royal Victoria Hospital on Monday, where we took evidence from a number of service users. It is very clear from the guidance, which cites public interest and public health, that this matter is preying on the mind of Ministers.
It is a crying shame that there is no proper cancer strategy in Northern Ireland right now. There is one published in 2008, so it is out of date. We have a situation where, to pick one condition at random, the outcomes for prostate cancer are far worse in Northern Ireland than in the rest of the country. This is pretty clear. If we do not have a cancer strategy and we believe that a cancer strategy will be of assistance in improving outcomes, of course outcomes will be worse if one is not in place. To get a cancer strategy, we need some form of direction to civil servants to get on with it and, furthermore, to implement it.

Jim Shannon: One thing we have discussed in the Select Committee is the scourge of diabetes. In Northern Ireland, we have the largest percentage of people with diabetes per head of population in the UK. We also have the largest proportion of type 1 child diabetics in the whole United Kingdom, with Scotland coming second. We need a strategy in place for that. We had a strategy before, which covered all the regions of the United Kingdom of Great Britain and Northern Ireland, but we cannot do that today because we do not have the wherewithal. Does the hon. Gentleman agree that we really need to see some action in the Health Department, to address all chronic diseases, including diabetes and cancer?

Andrew Murrison: The hon. Gentleman is absolutely right. I do not want to labour the point, but I feel the need to briefly mention the fact that screening for cancer in Northern Ireland is frankly woeful—it is way behind. We cannot have a situation where there is faecal immunochemical testing in the rest of the UK, but it is denied to people in Northern Ireland, and they also cannot get HPV screening for cervical cancer. That is just not acceptable. But for these things to happen, we need some form of direction, however it comes, and that is a matter for Ministers and those who draft measures of the sort we are discussing and, of course, those who deal with the consequentials of the guidance that we are dealing with.

Owen Smith: I make no apology for going back to the Hart inquiry, because there are hundreds of victims of historical sexual abuse in Northern Ireland who will be watching this debate and wondering whether action is likely to be taken by the Government as a result of this legislation. I think that we are still very unclear whether the Secretary of State interprets this legislation, as the hon. Gentleman and I do, as giving leeway to civil servants in Northern Ireland to undertake further action. Through him, may I urge the Secretary of State to intervene at some point before the close of the Committee this evening and clarify whether this will allow action on Hart?

Andrew Murrison: The purpose of amendments tends to be to elicit such answers from Ministers, and it will be very interesting to hear from the Secretary of State how she would like to play this, because I am hoping that we will have some encouragement in that respect. Hon. Members have has certainly given her every encouragement. I have been struck by how much encouragement to be proactive in the interests of the people of Northern Ireland there has been during this debate. I think that the Committee understands full well that a great deal  needs to be done, and it needs to be done fairly quickly on a number of important public policy issues, of which Hart is just one.
The guidance makes a great deal of the public finances and the economy in Northern Ireland. Goodness me, we could debate all day the economy in Northern Ireland and where that needs to go. One thing we have been particularly struck by as a Select Committee is of course farming and growing in Northern Ireland: horticulture is far more important there than in the rest of the United Kingdom. One of the recommendations we are very keen on is that there should be a proper farming strategy in Northern Ireland very soon. At the moment, it is having to compete with the Republic, where, if I am honest, the Government in Dublin have been really quite proactive and have placed farmers and growers north of the border at something of a competitive disadvantage, with or without Brexit.
Things need to be done, and fairly urgently, to improve productivity in Northern Ireland, while recognising the unusual nature of farming in Northern Ireland and recognising that farming in Northern Ireland is not the same as farming in the rest of the United Kingdom. In the main, we are not talking about East Anglian barley barons in Northern Ireland, but about small family farms. That is why the guidance, which I hope will preoccupy the Secretary of State in the weeks and months ahead, should produce a firm statement about what the civil service of Northern Ireland needs to do in relation to producing such a farming strategy. If we have no restoration of the Executive by the end of the year, we should certainly give some attention to that directly.
I will skip the rest of my amendments because they are simply to do with ensuring that there is added scrutiny of these measures and the guidance that flows from them, as well as with the appointment function to be exercised by this House, as cited in clause 4, and in particular—if I may make this suggestion—by my Committee.

Karin Smyth: I would not of course challenge the Chair on the grouping of these amendments—that would be poor—but I would gently say that two hours for the range of amendments before us on a great many subjects is not sufficient. This is not satisfactory, and I hope that the Government will learn that we have a deep interest in the issues across Northern Ireland and will give us more time.
I have worked with the hon. Member for South West Wiltshire (Dr Murrison) on a number of health issues in England and Wales, and the points he raised in his amendments about health inequalities across Northern Ireland were well made. I particularly want to highlight amendment 22, especially in relation to pensions, in the name of the hon. Member for Edinburgh West (Christine Jardine). Such a measure is in the gift of the Secretary of State, and we certainly wish to see it progressed.
Most of my comments are going to be about new clause 7, and I will start with same-sex marriage. I was proud to be a co-sponsor of the Bill introduced by my hon. Friend the Member for St Helens North (Conor McGinn), and I was a witness of his speech last March, which was one of the best I have heard in this Chamber. I should say that, although I am pleased to be married, he beautifully encapsulated the equality point when he  told us the heartfelt response made by one of the people he was speaking to in south Armagh. The man said that, frankly, gay people had the right
“to be as miserable as the rest of us.”
With respect to the fact that people who love each other cannot build a happy life together as a married couple in Northern Ireland, he asked in that speech:
“Does anyone think that is fair? Does anyone think that is right? Does anyone think that can continue?”—[Official Report, 28 March 2018; Vol. 638, c. 791-792.]
The will of this House was clear from our support. I am delighted that his endeavours were recognised this month: in the PinkNews awards, he was politician of the year, along with his friend Lord Hayward, who I am glad to see has joined us in the Gallery. That was much deserved; they were both very pretty in pink that night. They are not going to give up, and we on the Labour Benches are right with them.
Turning to women’s reproductive rights, my hon. Friend the Member for Walthamstow (Stella Creasy) has already changed the Government’s position with regard to facilitating women in Northern Ireland’s access to abortion services in England and Wales. Civil servants are not informing women of their rights to those services, and are leaving it up to non-governmental organisations to tell women how to access that provision, which is still available to them. Not doing something is a political act and has consequences, and that needs to be recognised in the provisions of the Bill going through the House tonight. As an elected Member of this House who supported a measure in good faith, I find it unacceptable that civil servants in Belfast do not pass on that information because there was no law change in Northern Ireland, and that somehow that is considered acceptable.

Anna Soubry: When we went to Northern Ireland with Amnesty International, we learned that people cannot be given that information, because giving it is a criminal offence for which a person will be prosecuted, and they will face a lengthy prison sentence. One of the most concerning features of all this is the inability of people to get any form of advice.

Karin Smyth: I am grateful for that intervention. The right hon. Lady is of course right: the issue of advice, guidance and information is subject to some discussion, and that is not helpful in this situation.
Yesterday, my hon. Friend the Member for Kingston upon Hull North (Diana Johnson) tested the will of the House on this issue after giving a superb and measured speech on a Bill seeking to decriminalise women in England, Wales and Northern Ireland. There was an attempt to divide women by suggesting we could not decriminalise in England and Wales because it would be anti-devolution. Fundamental to the politics of my hon. Friends the Members for Walthamstow and for Kingston upon Hull North, and the majority of women in this House—and in this country—is our belief in the internationalism of women’s rights. Our solidarity with women across the world is important.
Women’s reproductive rights are at the core of that internationalism and solidarity. It seems that the Government share our view. This year, they launched a  good flagship programme—I commend some of that work—from the Department for International Development called Work and Opportunities for Women. The objective is access to improved economic opportunities for women through business intervention in supply chains and economic development programmes. It is, after all, a Conservative programme, so its focus is interesting. It is about women’s economic empowerment. That Government policy states that women’s economic opportunities will be improved by, among other things,
“influencing the UK and global agenda on women’s economic empowerment.”
The Government’s supporting literature says:
“Sexual and reproductive health and rights…including the right to decide if and how many children to have, the right to live free from disease and the right to access confidential, high-quality health services which enable women to control their own bodies…are fundamental to women’s economic empowerment.”
It goes on to say that the link between sexual and reproductive health and rights and women’s economic empowerment
“is reflected in DFID’s Economic Development Strategy… 2017…which includes a commitment to increase access to family planning as a vehicle for transforming women’s economic opportunities.”
Those are the Government’s own policies. It goes on to say that the Government support initiatives in this area in the DFID priority countries of Afghanistan, Bangladesh, Burma, the Democratic Republic of the Congo, Ethiopia, Ghana, India, Kenya, Kyrgyzstan, Liberia, Malawi, Mozambique, Nepal, Nigeria, Palestine, Pakistan, Rwanda, Sierra Leone, Somalia, Sudan, South Africa, South Sudan, Tajikistan, Tanzania, Uganda, Yemen, Zimbabwe and Zambia—28 countries. What rank hypocrisy by the UK Government in committing to increase access to family planning across the world but not in our own precious Union for our own people.
I am in no doubt that change is coming. The issue at heart is how much more suffering the Government are willing to inflict on women from Northern Ireland before it is achieved.

Wes Streeting: My hon. Friend has brilliantly exposed the hypocrisy of our country on the international stage. She talks about the impetus for change in these islands. Is it not a complete absurdity—and would not much of the objection to new clause 7 this afternoon be laughable if it were not so serious—that Northern Ireland, especially following the referendum in the Republic of Ireland, will be the only place in Great Britain and Northern Ireland or on the island of Ireland where same-sex couples will not be allowed to get married and women will not be able to seek access to safe and legal abortion? It is time to end that anomaly.

Karin Smyth: I completely agree with my hon. Friend. Today, we have seen Sarah Ewart bravely take on the role of doing something about it.
The Government may kick the can down the road with the Bill, but nothing is standing still. As my hon. Friend said, the changing of its law by the Republic of Ireland will mean that, up to 12 weeks of pregnancy, women can take a train, make a short bus ride or even walk to a service. Yesterday’s vote in this place is important.
I have listened carefully to the speeches today, including from the hon. Member for Belfast South (Emma Little Pengelly). I spent a day in Stormont recently as part of the British-Irish Parliamentary Assembly, taking evidence from all sides in the debate, and meeting the Attorney General, the director of medical services and other campaigners. Feelings on this issue are strong. We need to treat the issue with care and establish services respectfully. But we have experience of that. People in Northern have had and still have to manage much greater challenges. The new clause is helpful and respectful and would allow a process to take place. The Government would be well advised to respond as respectfully and to listen to the women who would rather be at home.

Karen Bradley: Before I speak to Government amendments 23 and 24, it is worth taking a moment to remind right hon. and hon. Members of the purpose of the Bill and why we are here today. Many were unable to be here for Second Reading, so I repeat that this is not a Bill that I wanted to introduce. I am doing so because we have to enable public services to continue to be delivered in Northern Ireland. We all want to see politicians in Northern Ireland come together, do the right thing and go back to Stormont to form an Executive. If an Executive were in place, so much that we have debated today would be a matter for its members to discuss and to take the decisions on behalf of the people who elected them. That is what is right for the people of Northern Ireland who have suffered for too long without a Government in Stormont. The time has come for their politicians to do the right thing.
I also repeat my earlier point that the Bill is limited. It will allow decisions to be taken by civil servants who have felt unable to do so since the Buick appeal was heard. We need to make sure that those civil servants can take those decisions, but this is not about their making major policy decisions or becoming lawmakers. This is about civil servants being able to deliver on key infrastructure decisions and other matters relating to the running of public services in Northern Ireland.
I do not want to make life any more difficult than it already is for our dedicated civil servants in the NICS, and being put in a position where they would have to take major policy decisions is something that no civil servant would want. They are incredibly dedicated and they work incredibly hard on behalf of the people of Northern Ireland.
We also need to make sure that there is no reason at all for the politicians in Northern Ireland not to come together, do the right thing and form a Government. I have been heartened by the words I have heard from the Members of the Democratic Unionist party about their determination to see an Executive reformed as soon as possible. I want to work with all the parties and with no impediments in place, which why the Bill allows the reformation of an Executive without further legislation, to see that happen as soon as possible so that we can deal with these matters and to do so in the right place, in Stormont, where they can be dealt with by the politicians elected in Northern Ireland.
I remind hon. and right hon. Members that this is a time-limited Bill. It is not a permanent Bill and it does not change anything permanently. It allows a short period in which impediments to forming an Executive  are removed, in which the framework and conditions for the politicians to come together are put in the best place they can be, and in which decisions about running public services can continue to be made by civil servants in the way that is right for the people of Northern Ireland without their making major policy decisions, because we need the politicians to do that. In considering these amendments, it is important that we all remember the purpose of the Bill—why we are introducing it, why we are doing so in an emergency situation and not through the normal parliamentary procedures, and what the Government’s intention is.
Let me go back to the Government amendments. I appreciate the hard work of the Delegated Powers and Regulatory Reform Committee in scrutinising the Bill so quickly, and I thank it for its report. I am grateful that the Committee acknowledges the potential need for regulations to be made as a matter of urgency in a way that is not possible through the draft affirmative procedure alone. Although my preferred option was to use the negative procedure to enable any such urgent cases to be addressed, I have taken on board the wider concerns expressed by the Committee and accept its recommendation. Amendment 23 therefore provides that additions to the table in clause 4 will be subject to the affirmative procedure. That will mean the draft affirmative procedure, unless the case requires urgent action in which case the made affirmative procedure will be used. I think that this strikes the right balance between scrutiny and the capacity to expedite regulations should it be necessary to do so. Amendment 24 is consequential on amendment 23 and removes a cross-reference that is no longer needed now that regulations under clause 4 are subject to the affirmative procedure.

Gareth Thomas: I recognise that intervening on a Secretary of State is quite an attractive prospect for many Back Benchers and that as a result there may not be time for me to catch your eye, Dame Rosie, to speak in support of new clauses 4, 5 and 6, which are tabled in my name. Will the Secretary of State therefore be willing to instruct her junior Minister to meet me to discuss the concerns of the Co-operative movement in Northern Ireland? I hope still to get in a brief word or two about those concerns, but if I do not I would like the opportunity to amplify them with the Minister in private.

Karen Bradley: I certainly intend to ensure that there is time for the hon. Gentleman to speak in support of his new clauses, but of course I think it would be a good idea for me or my Minister of State to meet him and representatives of the Co-operative movement. In the Northern Ireland Office, we make a point of meeting all stakeholders and organisations with concerns. I know how difficult it is for civic society and organisations to know where to turn at this time without Ministers in Stormont, and I meet many organisations regularly that feel frustrated that they do not have Ministers to whom they can turn, so of course we are happy to meet. I remind the hon. Gentleman, as I end up reminding many, many organisations, that most of the things that are raised with us are devolved matters, and that we do not have Executive powers. That point was made very clear in the Hughes judgment earlier this year, as I am sure the hon. Gentleman knows.

Owen Smith: Is the Minister saying clearly that she is not anticipating or encouraging civil servants, under the guidance that we are passing here today, to act either to implement the Hart inquiry recommendations or to institute a pension for victims of the troubles?

Karen Bradley: I will come to the specific points that the hon. Gentleman raised, because they are the subject of amendments that have been tabled and I will try to address all those points, but I want to make myself clear. The hon. Gentleman may have missed my comments when I responded to an intervention from the hon. Member for North Down (Lady Hermon). The head of the Northern Ireland civil service has made it clear that he would like to consult on the Hart recommendations and do the work that would be required in any event, with or without Ministers, to prepare for what implementation of those recommendations and other matters might involve, and I have written to thank him for that decision.
Forgive me; what was the second point that the hon. Gentleman raised?

Owen Smith: Victims’ pensions.

Karen Bradley: I will talk about that specifically, because obviously, although it is another devolved matter, we have spoken to the Victims’ Commissioner about trying to ensure that some progress can be made. I assure the hon. Gentleman that I meet victims of the troubles, I meet victims of sexual abuse, I meet victims of all manner of things, and I meet campaigners for LGBT rights and all sorts of others, and I well understand the desire to get on and take action in this place. However, I very gently say to him—he will know this from his great experience as an adviser, particularly during the period of direct rule—that there is no direct rule-lite. There is no “just intervene a little bit here and a little bit there.” All of that is direct rule, and I do not want to be in direct rule because it is wrong for the people of Northern Ireland. While there is a chance of the parties coming together and doing the right thing in Stormont, that is the best thing for the people of Northern Ireland and I have to give them every opportunity to do that.

Tony Lloyd: May I press the Minister on the question of the victims of terrorism? There is a very strong interpretation that, as a legacy issue, that is the responsibility of the Secretary of State, not of the Stormont Assembly? I think she needs to make it absolutely clear why she will not follow that path, because that would be the quickest way, it would be legal, and it would do something for victims here and now, not in the indefinite future.

Karen Bradley: I appreciate that there is confusion around this matter. I asked for advice very early on in regard to what was reserved, what was devolved, and what had become a matter for this House as a result of the agreement of politicians in Northern Ireland. Let me be clear: many of the interventions that the Government have taken over the years have been as a result of the wishes and the agreement of the parties in Northern Ireland to ask Westminster to take action in certain areas, but victims’ pensions is still a devolved matter. I want to see action in that area, and that is why I have spoken to the Victims’ Commissioner.

Mike Penning: One of the powers of this House and the Government relates to those who are becoming victims—the veterans. If an amendment were tabled in the other place that actually protected our veterans for their service, would the Government oppose that?

Karen Bradley: I know how passionately my right hon. Friend feels about this; and may I tell him that I feel passionately about it too? I want to see justice for our veterans. The veterans and the RUC who served in Northern Ireland were responsible for the fact that the peace process was able to start; it was because of their determination and bravery. I want to make sure that they are treated with the dignity that they should be afforded. I would like to work with my right hon. Friend to ensure that we can deliver that dignity in an appropriate way, but I have to caution him that, as I said earlier, this is a narrow Bill; it is a Bill to enable public services to continue to be run in Northern Ireland because that is necessary for the people of Northern Ireland. I do not think it is the correct vehicle for the kind of action that I know my right hon. Friend wants to see, and on which I want to work with him.
Let me now deal with the amendments tabled by my hon. Friend the Member for Amber Valley (Nigel Mills). I am sympathetic to the spirit of amendment 15, but it has technical flaws, and I therefore cannot accept it. First, it would remove an election duty by omitting the original provision that was agreed to in the St Andrews agreement and is part of the Northern Ireland Act 1998. Secondly, I think that the period of seven days is impractical. It could fall within a parliamentary recess, and I do not think that an Order in Council during a recess is exactly what the House would want to see.
Thirdly, the amendment does not allow for flexibility. We do not know what point we will reach. I want the politicians to come together and do the right thing as soon as possible, but I must ensure that there is the necessary flexibility to allow for a final short burst of talks if that is what is needed. I understand exactly why my hon. Friend tabled his amendment, but I think that imposing that degree of inflexibility on me, as Secretary of State, would not help the process of getting the Executive up and running again.
The UK Government respect the principle that Parliament should be able to scrutinise certain public appointments before they are made, especially significant appointments to organisations that hold the Government to account, but I do not think that the consequences of amendment 16 would follow the standard process for either United Kingdom or Northern Ireland appointments. The appointments listed in the Bill would not be subject to pre-appointment scrutiny in the Assembly or the Executive, and I think it would be inappropriate to introduce here a degree of pre-appointment scrutiny that does not exist at Stormont, and would not exist in Northern Ireland if Ministers were in place.
New clause 7 has been the subject of much debate. My respect for the hon. Member for Walthamstow (Stella Creasy) and her campaigning on this matter is immense: I know how hard she campaigns and how much she cares about it. Her hon. Friend the Member for St Helens North (Conor McGinn) is another doughty campaigner. I have put on the record, and I continue to believe, that change is needed in Northern Ireland in this regard, and that I support such change. However,  I do not think that it should be made through the Bill or the new clause. The point of the Bill is to allow politicians to come together and form an Executive in Northern Ireland. That is where these decisions should be made.

Conor McGinn: The academic Paul Jennings, of Queen Mary University of London, has said that the new clause tabled by my hon. Friend the Member for Walthamstow (Stella Creasy) is scrupulous in avoiding issues of devolution and changing the Stormont-Westminster relationship. It relates only to the Secretary of State for Northern Ireland, a Westminster actor, and compels the office to issue guidance on the issues of abortion and equal marriage to senior officials in Northern Ireland. In doing so, it refrains from interfering with the mandate of Ministers in Northern Ireland.

Karen Bradley: I understand all the points that the hon. Gentleman has made, but the new clause is flawed. It is flawed because the Bill does not allow the law to be changed. It does not make civil servants lawmakers. It asks them to work within the confines of the law as it exists today. We do not want to be in a position in which civil servants are changing the law. I am not, as Secretary of State, changing the law on any devolved matter in Northern Ireland; I am giving guidance to the civil servants to allow them to make decisions within the existing law.

Stella Creasy: I hear the Secretary of State say that, yet I see officials in the Northern Ireland Department of Health, in their response to the programme enabling women to come to England for abortions, doing exactly what she has just said she does not want civil servants to do. It is already happening. The Bill will confirm the power that they have to do that, because the Secretary of State is giving them powers in the absence of the Assembly. Will she at least recognise that she has a powerful role to play as a check and balance in that process, and that that is what the new clause is about?

Karen Bradley: Let me say very gently to the hon. Lady that I disagree with her interpretation of what the new clause would do. It would put the NICS in an impossible position, given that the guidance makes it clear that in exercising its functions, it must act at all times in accordance with the law. Let me stress again that the Bill cannot force Northern Ireland Departments to change the law as the new clause seeks to do.

Fiona Bruce: I welcome what my right hon. Friend is saying, but may I ask her to address the question I put to her during my speech: if new clause 7 is passed, will she be vigilant in ensuring that civil servants do nothing that changes the law through her guidance?

Karen Bradley: Civil servants will not be able to change the law: they do not have the power to change the law and we do not want them to have that power. That would put civil servants in an invidious position. It would be totally contrary to the rule of law and the way the independence of the civil service across the whole United Kingdom operates. This is not a precedent that we want to make. I well understand why Members want to see change in this area, and I have great sympathy with that, but this is not the way to do it.

Anna Soubry: Can my right hon. Friend reassure me on two things: first, that new clause 7 is a matter of conscience and we on this side of the House will not be whipped on it, and, secondly, that new clause 7 does not change the law or indeed give anybody the power to change the law? The notes are very clear: it is all about accountability to the Secretary of State so that she can look at human rights and make sure the guidance is there. It does not change the law; it is about guidance and accountability on human rights, and it is a matter of conscience.

Karen Bradley: I am reliably informed that this is a matter of conscience from the point of view of the party whip on the Government side of the House. I know this is frustrating for my right hon. Friend, and I am not saying this with any pleasure, but am merely stating the facts: the amendment as drafted would not see a change in the law in Northern Ireland. This is a matter that needs to be legislated for in Northern Ireland, and therefore it would not change the situation in Northern Ireland. I add that this is a temporary measure; we need to get an Executive in Stormont, which is what this Bill seeks to achieve, so that they can make the decisions.

Bill Cash: I am rather encouraged by the line my right hon. Friend is taking on this, because it is about guiding principles, and I have here outcome 12 of the guiding principles for Northern Ireland Departments:
“We give our children and young people the best start in life.”
Will my right hon. Friend bear that in mind, because she is completely right: it is not for civil servants to change the policy? She is completely right on that, and I am very glad to have the assurance she has given, but the best start in life is the key question.

Karen Bradley: I appreciate my hon. Friend’s comments. I well understand that there is great strength of feeling in all parts of the House on this matter. I have considerable sympathy with much of what the hon. Members for Walthamstow and for St Helens North are trying to achieve, but I do not believe that this amendment achieves it, and I believe that the right thing to do is pass this Bill so we can get an Executive back and they can make the decisions in Northern Ireland for the people in Northern Ireland.
I am conscious of time and other Members wish to speak, but I want briefly to touch on a few other points, particularly those made by the Chair of the Select Committee. I know that in amendment 1 my hon. Friend the Member for South West Wiltshire (Dr Murrison) is concerned about the need for an extension and how it would work. Perhaps I can commit to consult with the Select Committee if I decide that having an extension is the right thing to do close to the deadline in order for the Select Committee to see my reasoning. I will work with the Select Committee on many of the amendments that my hon. Friend has put forward, because I appreciate that there is concern about scrutiny in Northern Ireland.
The question of the victims’ pension has been raised, and the hon. Member for Edinburgh West (Christine Jardine) has an amendment on it. As I said to those on the Opposition Front Bench, this is a devolved matter, but I have been working with the Victims’ Commissioner.  I want to see progress on this matter, and I want all the work that can be done to be done so that when Ministers are back in Stormont they are able to take those decisions.
I am going to conclude at this point, because a significant number of people wish to speak and I want to ensure that all right hon. and hon. Members who have tabled amendments have a chance to speak. I repeat that this Bill is necessary for the people of Northern Ireland so that their public services can continue, and I hope that Members will feel able to support it.

Gareth Thomas: I am grateful to the Secretary of State for the comparative brevity of her remarks, and for her willingness to commit her Minister of State to meeting representatives of the Co-op movement and, more importantly, to meeting them directly herself. I strongly support new clause 7, and I pay tribute to my hon. Friend the Member for Walthamstow (Stella Creasy) for the way in which she spoke to it. I hope that the Committee will forgive me if I briefly touch on the reasons for tabling new clauses 4, 5 and 6, which are tabled in my name and those of a series of hon. Friends on this side of the House.
The new clauses relate to the interests of credit unions, housing co-operatives and energy co-operatives in Northern Ireland. Perhaps I should say at the outset that the largest number of bank branch closures has taken place since the political settlement in Northern Ireland broke down. The two eventualities are not directly related, but the need for a response to the situation clearly exists. Organisations such as credit unions and financial co-operatives have the potential to fill some of the gaps that those bank branch closures have caused. There are no major international banks headquartered in Northern Ireland, and the distance between the decisions that those international banks take and what happens in the communities of Northern Ireland is getting greater and greater.
The only banks that have a Northern Ireland perspective are the credit unions there, and they surely deserve more attention from the civil service in Northern Ireland than they are currently getting. The Secretary of State might not have direct powers in this regard, but she and the Minister of State will be people of considerable influence with the civil servants who do have powers under this legislation, and I hope that she will be willing to lobby on behalf of credit unions in Northern Ireland for a significant share of the financial inclusion pot that the Treasury has set aside. It is currently unallocated and amounts to some £55 million.
I also hope that Ministers will be willing to consider what they can do about the number of people taking on individual voluntary arrangements, causing debts to credit unions not to be paid. This is causing considerable problems for the credit unions. I would also like them to look at issues relating to the funding for energy co-operatives, which is due to run out in April next year, and at the lack of funding and access to land for housing co-operatives. I am grateful to Ministers for their willingness to meet representatives of the Co-operative movement, and on that note, I shall not press my new clauses to a Division.

Anna Soubry: I rise to speak in support of new clause 7, and I urge hon. Members on both sides of the House to support this really meek and mild amendment. It really should not be causing so much agitation, and I think we have to ask ourselves why it is doing so in certain quarters of the House. As many of us discovered when we went to Northern Ireland as guests of Amnesty International, the simple truth is that the laws in Northern Ireland are at best antiquated and at worst barbaric. God forbid that a member of any hon. Member’s family who lived in Northern Ireland were to be raped, but if that woman then found herself to be pregnant, she would not be allowed to terminate her pregnancy even if she had been raped by a member of her own family. She would have no rights and no choice.
In this matter, I have never sought to impose my views on anybody else, but women and young children throughout Northern Ireland have none of the choices that our own constituents have. I met a woman there who was diagnosed with a foetal abnormality when she was 23 weeks pregnant. This was her third attempt to have a child through in vitro fertilisation, and she and her husband were distraught when they were told that their child would die either in the womb or within hours of being born. If they were my constituents, they would have had a choice. They would have been able to talk to their doctor and go through all the available options and, if they so chose, they could have had a termination. That woman was denied all that. She could not even come to England to terminate her pregnancy. She carried that child for 11 weeks as it grew within her womb, with people saying to her, “When is your baby due?” She had to tell them, “My baby is going to die in my womb or it will die within hours of it being delivered.” She had to look at prams, cots and Moses baskets and know that she would never put her child, carried in her womb, into any of them. Her baby did die in the womb, 11 weeks after the diagnosis of a foetal abnormality, and she carried a dead baby for three days before she was finally induced. She gave birth to a baby girl who was decomposing.
Colleagues, right hon. and hon. Members, that is the situation that pertains in Northern Ireland, and new clause 7 seeks not to change that barbaric law, which we want to change—that is why many of us voted with the hon. Member for Kingston upon Hull North (Diana Johnson) yesterday—but to maintain the rights of our fellow citizens of this proud United Kingdom. It merely asks that their human rights are properly monitored and does nothing more than that. I urge Members to vote for new clause 7, and the hon. Member for St Helens North (Conor McGinn), who is not in his place, also urges and reminds colleagues that his Marriage (Same Sex Couples) (Northern Ireland) (No.2) Bill returns to this place on Friday. New clause 7 is a matter not just of conscience, but of decent humanity. It is about ensuring that everybody in the United Kingdom has these basic human rights.

Christine Jardine: I thank the Secretary of State for her comments about amendment 22 and simply urge her to continue to pursue the creation of pensions for the 500 people who are suffering from severe physical injuries as a result of the conflict.
I also rise to support new clause 7, and I will be brief because the situation is simple for me. I have defended and promoted devolution for a decade, but I never  thought it would be used as a means of abrogating responsibility for the human rights of anyone within the United Kingdom. It is astonishing that my daughter, who lives in Scotland, could perhaps take up a job in Northern Ireland and then lose the rights that she was born with in the United Kingdom. That cannot be acceptable to anyone in this House, but there are people within the UK who do not have the rights that those of us who sit here today enjoy. New clause 7 would help to put that right, and we should support it.

Simon Hoare: I had not intended to speak, but I listened to my right hon. Friend the Secretary of State and my right hon. Friend the Member for Broxtowe (Anna Soubry) and with great attention to the hon. Member for Walthamstow (Stella Creasy) who, as the Secretary of State said, argued her case with fluidity, passion and an exemplary understanding of the issues, referring back to the ten-minute rule Bill speech of the hon. Member for Kingston upon Hull North (Diana Johnson). Irrespective of what side of the abortion debate line one might find oneself falling, nobody will doubt the passion that the issue evokes or the concern that is expressed.
However, I do say—before anyone starts shouting at me, this may not be the right word to use—that there is a cruelty implicit in new clause 7. My right hon. Friend the Secretary of State said that the Bill’s purpose is not to create new law and that civil servants are not empowered to create new law, the hon. Member for Walthamstow said that her intention is not to ride a coach and horses through or to undermine in any way either the Good Friday agreement or the legitimacy of the Northern Ireland Assembly, and my right hon. Friend the Member for Broxtowe—she is a friend—spoke convincingly and movingly. The cruelty of new clause 7 is that, if it is passed, it will raise a huge amount of hope—although not among everyone in the community of Northern Ireland—but it will not address or deliver on that hope. The cases that she cites would in no way be alleviated or resolved by new clause 7. Those who seek a termination will still have to travel to the mainland, but a huge amount of hope would be raised.
We understand, and the hon. Member for Walthamstow understands, the minutiae of new clause 7. And the Secretary of State, because she is advised by a phalanx of officials, understands what the new clause means in law.

Anna Soubry: I am standing up for what I believe.

Simon Hoare: Of course that is what this place is for, but my right hon. Friend, in essence, said that all the terrible cases she cited would in some way be stopped or resolved and that people would not have to go through any of these things.

Anna Soubry: I absolutely did not say that, although it is obviously something that many of us now seek to do. New clause 7 is the gentlest step forward so that the Secretary of State and her good officials can monitor human rights and see what is happening. This is important work. With great respect to my hon. Friend the Member for North Dorset (Simon Hoare), he was not here for the whole debate. He does not know, for example, that the situation in Northern Ireland is such that people cannot even be given basic advice at the moment, such is the onerous nature of the law. We are talking about  merely looking at the situation, monitoring it and helping the Secretary of State to fulfil her obligations: no false hopes for anyone.

Simon Hoare: My right hon. Friend does not have a unique understanding of what happens in Northern Ireland. Many of us will have been to Northern Ireland, will know people in Northern Ireland and will have heard a variety of experiences and views.
I think we know how the media and social media will deal with this. This will be “Abortion has now been made legal in Northern Ireland.” For many that will be a welcome thing, but for others it will be the worst thing imaginable. Whichever side of the argument we sit on, I am firmly convinced that expectations have been artificially inflated, but I am not convinced by the arguments of the hon. Member for Walthamstow that new clause 7 would not fundamentally undermine the very foundations of devolution, with ramifications for both Scotland and Wales. We should resist this new clause.

Emma Little Pengelly: I am aware that time is short, so I will make a couple of short points.
Following on from the previous speeches, I urge everyone in the Committee not to support new clause 7 for a number of good reasons. First, this is a hugely controversial issue. Regardless of what Members think of my views, they must objectively accept that this is a controversial issue in Northern Ireland. This amendment has been tagged on to a Bill during its accelerated passage through the House. The fact I am standing here with just a couple of minutes to make these points emphasises that this is the wrong way to do it. I urge Members, regardless of their views on the substantive issue, to reject new clause 7, so that we can have proper consideration of this issue in this House or in any other more appropriate Chamber.
Secondly, there is the devolution settlement. The termination of pregnancies is presented by some, including in the Committee, as a very black and white issue—we are either supporting women, or we are against women—but the reality is that court cases in every country in the world, including in relation to the European convention on human rights, have found this to be a complex issue that is rightly for democratic institutions in each jurisdiction.
In the UK, termination of pregnancy is very clearly a devolved issue. I accept that there are some complications in relation to the legal cases, and it may be, for the first time, on very narrow grounds of life-limiting conditions—fatal foetal abnormality, and rape and incest, potentially—that this is ruled to be a human rights issue under the European convention on human rights. If that happens, it becomes a more complex issue, not just for the UK, but for all signatories to that convention, because there will be horizontal impacts from that type of decision. But in the first instance the courts have recognised that this is rightly for the relevant democratic body, which in this case is clearly the Northern Ireland Assembly.
The third issue I wish to raise is workability. As has been mentioned, new clause 7 attempts, through guidance, to change the law. As the Secretary of State has clearly said, guidance cannot do that. Any change in the law in Northern Ireland will require legislative  change, so this provision is asking the Secretary of State to ask officials to do something that is simply impossible in law. That would be explored in much more detail, and in adequate detail, if we had more time to scrutinise the new clause. That in itself proves to me that this is the inappropriate vehicle for this, regardless of the substantive issues involved. I urge everybody in this Chamber to consider this matter, give it the appropriate time at a later stage and reject new clause 7 now.

Nigel Mills: I beg to ask leave to withdraw the amendment.
Amendment, by leave, withdrawn.
Six hours having elapsed since the commencement of proceedings on the Business of the House motion, the proceedings were interrupted (Order, this day).
The Chair put forthwith the Questions necessary for the disposal of the business to be concluded at that time (Order, this day).
Clauses 1 to 3 ordered to stand part of the Bill.
Clause 4

NI Ministerial appointment functions: specified offices

Amendment made: 23, page 4, line 21, leave out subsection (4) and insert—
‘(4) A statutory instrument containing regulations under subsection (3) may not be made unless—
(a) a draft of the instrument has been laid before and approved by a resolution of each House of Parliament, or
(b) the regulations declare that the Secretary of State considers it to be expedient for the regulations to be made without the approval mentioned in paragraph (a).
(4A) Where regulations contain a declaration under subsection (4)(b)—
(a) the instrument containing the regulations must be laid before Parliament after being made, and
(b) if the instrument is not approved by a resolution of each House of Parliament before the end of the period of 28 days beginning with the day on which the instrument is made, the regulations cease to have effect (with the result that any entries that the regulations added to the table in subsection(2) are omitted).
(4B) Subsection (4A)(b)—
(a) does not affect the validity of anything done as a result of the regulations before they ceased to have effect;
(b) does not prevent the re-exercise of the regulation-making power under subsection (3) in the same way.
(4C) In calculating the period of 28 days mentioned in subsection (4A)(b), no account is to be taken of any time during which Parliament is dissolved or prorogued or during which both Houses are adjourned for more than four days.”—(Karen Bradley.)
This amendment makes the regulation-making power in Clause 4(3) of the Bill subject to the draft affirmative procedure or, in cases where the Secretary of State considers it expedient, the made affirmative procedure.
Clause 4, as amended, ordered to stand part of the Bill.
Clauses 5 and 6 ordered to stand part of the Bill.
Clause 7

Interpretation of sections 4 to 6

Amendment made: 24, page 5, line 45, leave out
“(whether alone or together with regulations under section 4)”. —(Karen Bradley.)
This amendment is consequential on Amendment 23.
Clause 7, as amended, ordered to stand part of the Bill.
Clauses 8 to 10 ordered to stand part of the Bill.

Eleanor Laing: I call Stella Creasy to move new clause 7 formally.

Stella Creasy: I move new clause 7 formally. We love whom we love. We all want control over our bodies. Let us choose to give each other—

Eleanor Laing: We have done that bit.
New Clause 7

Equal rights for people of Northern Ireland (No. 2)

‘(1) In the absence of Northern Ireland Ministers to address the matters identified by recent, current and future court proceedings in relation to the human rights of the people of Northern Ireland, the Secretary of State must issue guidance to senior officers of all Northern Ireland departments which will specify how to exercise their functions in relation to—
(a) the incompatibility of the human rights of the people of Northern Ireland with the continued enforcement of sections 58 and 59 of the Offences against the Person Act 1861 with the Human Rights Act 1998, and
(b) the incompatibility of the human rights of the people of Northern Ireland with the continued enforcement of section 13(e) of the Matrimonial Causes (Northern Ireland) Order 1978
where they pertain to the provision and management of public services in Northern Ireland.
(2) The Secretary of State shall report guidance under this section on a quarterly basis to the House of Commons and set out her plans to address the impact of the absence of Northern Ireland Ministers on human rights obligations within three months of the day on which this Act is passed.”—(Stella Creasy.)
This new clause would increase accountability of the Secretary of State and senior officers of Northern Ireland departments for their role in ensuring human rights compliance in Northern Ireland, in the absence of Northern Ireland Ministers, by requiring them to address incompatibilities between legislation applied in Northern Ireland and human rights obligations.
Brought up,
Question put, That the clause be added to the Bill.
The House divided:
Ayes 207, Noes 117.

Question accordingly agreed to.
New clause 7 read a Second time, and added to the Bill.
The Deputy Speaker resumed the Chair.
Bill, as amended, reported.
Third Reading
Queen’s consent signified.
Question put forthwith (Order, this day), That the Bill be now read the Third time.
The House divided:
Ayes 344, Noes 26.

Question accordingly agreed to.
Bill read the Third time and passed.

BUSINESS WITHOUT DEBATE

DELEGATED LEGISLATION

Motion made, and Question put forthwith (Standing Order No. 118(6)),

Education

That the draft Higher Education (Transparency Condition and Financial Support) (England) Regulations 2018, which were laid before this House on 15 June, be approved.

Local Government

That the draft West of England Combined Authority (Adult Education Functions) Order 2018, which was laid before this House on 23 July, be approved.
That the draft Cambridgeshire and Peterborough Combined Authority (Adult Education Functions) Order 2018, which was laid before this House on 23 July, be approved.—(Mims Davies.)
Question agreed to.

EUROPEAN UNION DOCUMENT

Motion made, and Question put forthwith (Standing Order No. 119(11)),

Exchanging Data with Non-EU Countries

That this House takes note of European Union Document No. 5191/17, a Communication from the Commission to the European Parliament and Council on Exchanging and Protecting Data in a Globalised World, and an Unnumbered European Union proposal for provisions on Cross-border data flows and protection of personal data and privacy; welcomes the adequacy framework as an effective means of ensuring a free flow of data from the EU to third countries; and further notes that in the context of the UK leaving the EU it provides the right starting point.—(Mims Davies.)
Question agreed to.

PETITION - KINGS LANGLEY GREEN BELT

Mike Penning: It is a pleasure to speak this evening on behalf of the residents of the wonderful and beautiful village of Kings Langley in the green belt in Hertfordshire. I am all for housing. My constituency is desperately short of housing, but we must make sure that, at the same time as building new housing and new social housing, we protect the green environment that makes villages such as Kings Langley so beautiful, and in particular the farm land, including Wayside dairy farm, run brilliantly by my friend, Charlie Wray. I have been asked to present the following petition:
The petition of residents of Kings Langley,
Declares strong opposition to plans under consideration in Dacorum Borough Councils Local Plan 2017 that would mean the loss of valuable farmland and the demise of Wayside Dairy Farm and other local green areas.
The petitioners therefore request that the House of Commons urges the Government to protect the Green Belt in and around the village of Kings Langley.
And the petitioners remain, etc.
[P002270]

PETITION - EUROPEAN BACCALAUREATE QUALIFICATION

John Howell: This petition relates to the Europa School, which is a free school located in my constituency. It is a petition that has 2,469 signatures.
The petition of teachers at, parents of pupils at, or friends of the Europa School Culham, Oxfordshire,
Declares that in relation to the Europa School, the school currently offers children who attend the school a final qualification of the European Baccalaureate (EB). The ability of the school to offer this qualification has been extended by the Department of Education to 2021. However, uncertainty over the school’s ability to offer the qualification after 2021 is causing difficulties for students and much uncertainty.
The petitioners therefore request that the House of Commons to ask the Department of Education to allow the Europa School in Culham, Oxfordshire, to offer to its students from 2021 the European Baccalaureate as an equivalent to A levels regardless of the status of the UK in respect of its membership of the European Union.
And the petitioners remain, etc.
[P002276]

Home Insulation

Motion made, and Question proposed, That this House do now adjourn.—(Mims Davies.)

Mark Hendrick: I rise to bring to the Government’s attention their approach to detrimental home insulation issues. I am pleased to have secured the debate to talk about the terrible conditions suffered by some of my constituents who live in the Fishwick area of Preston. The source of their complaints is work first carried out between January and June 2013.
The work was a Government scheme aimed at improving the thermal efficiency of homes by providing wall insulation. The aim, of course, was to lower heating bills in properties where many people were likely to be suffering from fuel poverty. The Fishwick area is one of the poorer areas of the city of Preston and the success of this scheme should have been very important to improve the lives of these people. The funding for this scheme was secured in September 2012 from InterGen, the managing agent for the scheme was Anesco, and the contractor for the scheme was called Ecogen. In total, 387 properties in Fishwick had work carried out as part of this scheme.
As I said earlier, the work was completed in June 2013, and in October that year, tragically, Ecogen was liquidated. By December 2013, the complaints started to flood in. By January 2014, the complaints were referred to the managing agent, Anesco. By March 2014, the complaints were referred to Ofgem.
Between March and December 2014, Ofgem undertook an investigation into the scheme. In December 2014, Ofgem decided to issue an enforcement order to have the work rectified. By April 2015, independent surveys were carried out by the energy partnership with a view to rectifying the work. By August 2015 a second set of independent surveys were carried out and, at the same time, the entire scheme was referred to what was then the Department of Energy and Climate Change. This was complemented by the Bonfield review, which was launched in 2015 by DECC in the wake of the failure of the green deal. The purpose of the review was to examine and make recommendations about how consumers can be protected and advised when installing energy efficiency and renewable energy measures in their homes.
By this time, of course, it was clear that the residents of the 387 homes in the Fishwick area had been living in substandard conditions for three years, with properties suffering from damp, fungus and mushroom development on the walls at various times throughout the year. They were living in extreme humidity because of the way in which the cladding attached to the building had contained water and allowed it to accumulate for long periods inside the building. Quite apart from the humidity and smell being extremely uncomfortable for the residents, it was also a health hazard that resulted in complaints of illness from various residents of the properties.
On 5 February 2016, I was made aware of these problems for the first time at a public meeting held at the Sahara community centre in Fishwick, following which I emailed the right hon. Member for Hastings and Rye (Amber Rudd), who was then the Secretary of State at DECC, to ask her to make funding available as a matter of urgency as well as an emergency fund to deal with water ingress. I then received a response  from the noble Lord Bourne, who said in his letter of 17 March 2016 that in such cases complaints should be referred to a local citizens advice bureau or Ofgem. It is understandable that Ofgem should be involved, but how on earth can the citizens advice bureau help? It was clear from my letter to the Secretary of State and the attachment that the contractor, Ecogen, had been liquidated and it was therefore not just a simple case of going back to the contractor and getting them to put the work right. Special help was required to help put right the defective work.
As a result of my persistence, in early June 2016, I received an email from the National Energy Action fuel poverty charity that stated that a total pot of £2.5 million could be made available to Preston City Council to assist people trapped in the scheme if Preston City Council was prepared to take on the role of managing the remedial work. Unfortunately, the NEA had to contact me on the matter because it had yet to receive any response from the city council. I later found out that one of the council officers had sat on the letter from the NEA and not referred the matter to either the chief executive at the time, Lorraine Norris, or the councillors for the Fishwick ward. I believe that this was because the council officer concerned was reluctant to take on the role of managing the remedial work and therefore did not pass on the correspondence from the fuel poverty charity.

Jim Shannon: The hon. Gentleman is raising a specific point about his constituency, but I want to refer briefly if I may to Northern Ireland, where the fuel poverty figures have dropped by some 22%. That is in no small part due to the Northern Ireland sustainable energy programme, or NISEP, which ring-fences some 80% of funding specifically to help vulnerable and low-income families install efficiency measures in their homes. Does the hon. Gentleman agree that working alongside housing associations in Northern Ireland and with NISEP would be something the Minister could consider and an excellent way of ensuring that vulnerable people could install efficiency measures in their own homes and get the help to which he is referring?

Mark Hendrick: I concur with the hon. Gentleman. Whether it is with Northern Ireland authorities or with our own Government, there is no reason why there should not be good co-operation and good insulation schemes. That is what I would have expected with these 387 houses in my constituency.
In the meantime, I requested a meeting with the Secretary of State on the matter, as a matter of urgency. Except for a very brief encounter in the House of Commons Tea Room, when the Secretary of State said that she was looking into the matter as she passed me by, she seemed uninterested in the case and reluctant to discuss the matter. She did, however, refer me to an official, who then assured me that Preston City Council was working with the NEA fuel poverty charity. However, what the Department did not know was that this was the case only because of my direct intervention and contact with the chief executive of Preston City Council at the time, because, as I said earlier, the council officer had sat on the letter from the NEA.
By July 2016, the chief executive was indicating that she needed extra funding in order to carry out surveys to get a “detailed picture of issues”, so clearly the  £2.5 million was not enough to deal with the problems, and in fact was only to be targeted at those homes which had complained about the work—62 of the 387 homes. That did not take account of the fact that many of the other homes had problems, but because the residents thought that people in other properties were complaining on their behalf as well, they did not come forward and make their direct complaints. Therefore, the fact that work was to be carried out on the 62 properties only, neglected all the work that needed to be carried out on the other affected properties, whose residents, for a variety of reasons, had not come forward and made their own complaints. That was, in my view, totally unjust and short-sighted.
On 24 November 2016, I emailed the Secretary of State at the Department for Business, Innovation and Skills—at that time the right hon. Member for Tunbridge Wells (Greg Clark)—to ask what assurances and safeguards were in place to ensure that the properties would be safe, dry and warm, and that any installations would be done in a professional manner. In December 2016, BIS responded, asking for more detail. In January 2017, my office contacted BIS to ask what detail it required. My office staff were told that the policy team would get in touch. We waited and waited, and the policy team did not get in touch. However, work was already under way on the 62 properties, which were designated as phase 1. Those properties that were left were designated as phase 2 and the residents were told that they would be surveyed. However, there was no indication from any organisation as to how or if funding would be made available for phase 2.
In the meantime, I received an email from Councillor Martyn Rawlinson of Preston City Council, telling me that the management of the repairs on the 62 houses was as bad as the original work that was carried out. Some of the houses had been left half done for several months. E.ON originally said that all repairs necessary would be done, but E.ON was then saying that homeowners should get their own insurers to get the work completed, which was outrageous—an absolute disgrace—and by then the residents had been putting up with this nonsense for four years, with many of them having work done twice to their property, and still not to their satisfaction.
By 29 November 2017, I was ready to let E.ON know about my concerns over the progression of the remedial works, and asked it for a timescale setting out when all the works would be carried out and completed, and for a point of contact to be established for the residents. My office chased E.ON for a response for over a month, and a month later—January 2018—we finally received correspondence. E.ON confirmed that it was trying to divert attention from its responsibilities in the matter towards Preston City Council, which had no direct responsibility, and still has no direct responsibility, for the work to be carried out. It is E.ON that surveyed the houses in August 2017 for phase 2 of the repairs. I am told that those so-called “surveys” were in fact not proper surveys, but door-knocking exercises to ask people whether they were having problems, or had had problems previously; nothing at all was done of a technical nature, and certainly nothing that could generate a work order to remedy what problems they were having. In addition there is not, and has not been, any indication from the  Government or E.ON of how the rest of the work for the 300-plus houses will be financed. We are seeing good will, but nothing in the way of resources to complete the work.
On 11 February I received an email from Councillor Martyn Rawlinson, with photographs of some horrific scenes within houses due to the damp issues. It is inconceivable that people should be left to live in such conditions, with no one apparently willing to rectify the problems as soon as possible.
On 8 March this year, I wrote to the Under-Secretary of State for Housing, Communities and Local Government, the hon. Member for South Derbyshire (Mrs Wheeler), describing my disappointment with the then Secretary of State and the Department, and appealing for help. On 27 March I received a response from the Under-Secretary telling me that the responsibility had moved from her Department to the Department for Business, Energy and Industrial Strategy.
I tabled a series of parliamentary questions to BEIS about the use of cladding on properties. That culminated in a letter from BEIS indicating that remedial work on 62 of the properties should be completed shortly, and that E-ON was in discussions with National Energy Action to help other households. In the meantime I received a variety of complaints from the residents, one claiming to have spent £1,500 after a ceiling caved in after wet weather. In a separate case, an elderly homeowner had to leave her property and move in with her son because the damp was affecting her health.
Since then, the Minister for Energy and Clean Growth has responded to my parliamentary question, PQ177184, indicating that the retrofit on 62 of the properties was completed in the summer of this year and that work has been carried out to estimate the extent of the work that is necessary to sort out the work required to the other properties. As I said earlier, that resulted in questions being asked on the doorstep. In addition, talks have been taking place between Ofgem, BEIS and the energy suppliers in an attempt to secure funding for the remaining houses.
This saga has been running for six years, from 2012 to where we are now, in October 2018. It has been an absolute tragedy for those living in those 387 houses, who have been trying to put up with substandard housing and great inconvenience. The result has been unsafe properties with associated health risks. In the meantime, I am reliably informed that in many cases the cladding has been removed, but properties have been left with holes in the walls. The landlord has said that they will be finishing off the work, but will only repair the holes and paint the brickwork. They are not prepared to install any new insulation. One of the complainants wonders where the money has gone for the work that should have been done to her property. The landlord has told her that she should speak to E.ON or Preston City Council.
Let me tell the Minister that I recall spending three years in the Department for Environment, Food and Rural Affairs as Parliamentary Private Secretary to the then Environment Secretary, the right hon. Member for Derby South (Margaret Beckett). During that time, when my party was in government, we dealt with fuel poverty issues through the Warm Front scheme, which was applied to about 10,000 homes in my constituency, particularly in the area of Deepdale. The scheme focused  on energy efficiency by installing new central heating boilers and providing loft insulation and double glazing for terraced housing that was not too different from the housing that we see in Fishwick ward. It was extremely effective, and popular with residents.
May I ask the Minister why the more recent schemes that are using cladding of the type mentioned in Fishwick are being employed when the detriment to both property and residents is known? Why has it taken six years to get to where we are now for the residents of Fishwick? Are the Government willing to help to direct the residents to a satisfactory and available source of finance to rescue what is, in fact, a Government scheme?

Jim Cunningham: I was in that Department during the period of the last Labour Government. One of the things that is absent here is enforcement, but, more important, if there is a Government scheme and the Government are subsidising it, there should be a list of approved quality builders, perhaps with certifications. I have also found, in isolated cases with which I have dealt, that it is mainly elderly people who cannot get redress. They are told to go to the council, but the trading standards offices are undermanned, and they have limited powers under the law. Should we not do something about some of those matters?

Mark Hendrick: I agree with my hon. Friend. When I was in DEFRA there were recommended contractors. Those contractors could ensure a certain level of quality and even though we got the odd complaint from people under the Warm Front scheme, we did not get anything like the number of complaints or the state of the work that we get now. Unfortunately, the company in question has gone into liquidation, but the Government should still look at how they can help.
Why have the residents of Fishwick had to endure this substandard work and why has it not been rectified properly despite the fact that the contracting company, Ecogen, went into liquidation soon after that work was completed? Why do the Government not concentrate on energy-efficient boilers, loft insulation and double glazing? The Minister might well tell me that in other areas they are concentrating on those solutions, but then why is there this move towards cladding—an ugly and harmful solution?
I am thankful for securing this debate and look forward to hearing the answers to my questions from the Minister.

Claire Perry: I am genuinely interested to hear the comments of the hon. Member for Preston (Sir Mark Hendrick) tonight. The points he makes about damp living conditions and the impact that has on people’s health and whether their homes are fit for purpose also apply in my constituency and are of enormous importance.
I will start by saying that I do not think that what has happened has been good enough. I will also say something that I will repeat at the end of my speech, which is that I am going to instruct one person in my Department to act as the broker and bring together all the people who have played a part in the problem and can also be part of the solution. I hope that that reassures the hon. Gentleman. I am also going to take a moment to set out  where the issues the hon. Gentleman raised about this scheme are being addressed fully in the latest iteration of the schemes we are using to help people living in fuel poverty—the ECO3 scheme.
As the hon. Gentleman will know, the scheme he is referring to in his constituency was the community energy saving programme, or CESP, which was set up by the previous Labour Government. All the shortcomings of that scheme—no guarantee and no list of installers—were a function of the scheme design at that time. That is one reason why that scheme was closed by the coalition Government in 2012, and a number of penalties were issued for companies under that scheme because, as the hon. Gentleman’s constituents well know, it had not delivered what had been required both in terms of the carbon savings and the quality of work.
Fishwick was then part of this mitigation activity that was undertaken by InterGen. I totally agree that solid wall insulation is not a suitable way to reduce energy consumption in many homes in the country, but that was part of InterGen’s mitigation scheme. As the hon. Gentleman knows only too well—it is one of the reasons why he is a long-standing champion in this place—this issue has been going on for many years. There were problems as a result of those installations. Ofgem then received complaints from 62 households, although I know the complaints pool is much larger. Those were offered remedial work which was delivered by E.ON. But as the hon. Gentleman also knows, there are real concerns about the quality of that work, because, as he said, it is not good enough to rip the cladding off and leave holes in the wall; people expect to have a warm home that can breathe and is fit to live in.
I understand that E.ON provided some additional funding to carry out the necessary structural work. I am told it carried out full structural surveys, but if the hon. Gentleman is telling me that that was not the case, that is certainly something to investigate further. Some homeowners of course declined to have extra work; there were issues gaining entry and so forth. If full surveys were not carried out, we need to know that, which is why I am keen that we have one point of contact in my Department to get to the truth of the matter.
Since that work was undertaken in the summer of 2017, more complaints emerged—over 180. As the hon. Gentleman set out, the installer no longer exists. We are insisting on appropriate guarantees through ECO, but the Fishwick homes, which are a strong failure of the scheme put in place by that Labour Government, did not have any guarantees required from any installer, and the Solid Wall Insulation Guarantee Agency now set up to be a backstop did not exist at the time.

Mark Hendrick: I fully take what the Minister is saying to be correct, but I would have expected the guarantees and quality of work that we saw in the Warm Front programme to be carried over into this scheme if it was indeed put together by the Labour Government prior to the coalition. I am very surprised to hear that that was not the case, but obviously I believe what the Minister says.

Claire Perry: The great thing about these debates is that we do not have to focus too much on the politics, but the hon. Gentleman is right to say that some very good designs and functions were put in place under the  warm home scheme, and they have very much influenced the design of the energy company obligation, which is the replacement for CESP.
Perhaps I can give the hon. Gentleman some comfort in relation to other constituents who are receiving measures under this scheme by telling him that the design flaws have been addressed. We have worked with the British Standards Institution to develop new standards over and above building regulations standards for any eco-obligation, and any installer that wants to be part of the scheme must meet those technical standards. All solid and cavity wall installations must be accompanied by a guarantee that gives financial assurance even if the company providing the guarantee cannot honour it. There has to be a bond in place to provide sufficient coverage of at least 25 years, including full replacement or remediation, and to provide a verified quality assurance tick, which we would expect our constituents to be able to rely on in terms of the quality of the work and the products that are being installed.
In July 2015, we commissioned the “Each Home Counts” review. This has been a further key driver of developments in this area. The hon. Gentleman might also have heard of the TrustMark scheme that I launched last week during Green Great Britain week. It sets out a clear code of conduct for businesses. He might also receive complaints, as I do, about cold calling and the aggressive selling of these products, which are completely unacceptable. A process guarantee and rigorous new technical standards to tackle poor design and installation will be published next spring. I entirely agree with him that robust monitoring is key, and enforcement activities are the way to ensure that this happens.
I want to bring comfort to the hon. Gentleman’s constituents, but I know that it is no comfort to learn that some of the failings in the scheme design of 2009 that have caused such problems for them have given us lessons from which we have learned. I was pleased this week to bring forward the next set of measures to support ECO3. It will now be focused 100% on the alleviation of fuel poverty right across the UK, and I hope that some of his constituents will benefit from that.

Mark Hendrick: Just before the Minister finishes, will she address the matter of finance for the remaining homes and whether the Government can be of any assistance?

Claire Perry: The hon. Gentleman anticipates my final remarks. I am fully sympathetic towards what he said, and I am sorry that he has been given the runaround over the years, because he has been doughty in raising such points. There is such a complex array of people involved. He referenced Preston City Council, and I am disappointed that it has been less than active historically, particularly in working with some of the agencies with which he has set up relationships. It sounds as though InterGen, E.ON and Ofgem also need to be corralled into a place where we can come up with a solution.
The scheme’s design, under which insulation is independently installed, never included a backstop to Government finance, although the hon. Gentleman may say that that ought to be a requirement. I therefore do not have any money in any of my budgets to meet the funding requirements, but given that many of the companies are still in operation and will still want to work during the scheme—the market for them is substantial—I feel strongly that they ought to do the right thing and work out ways to fix the problems and ensure that residents are happy.
I will write to the hon. Gentleman shortly with the name and contact details of a person in my Department who I will task with bringing things together and who will report back to me with progress on a regular basis. I am happy to discuss that progress with the hon. Gentleman, either in the Tea Room or more formally. Lessons have been learned, although I appreciate that that is no comfort for residents who have been bedevilled with problems, but we can work together to try to sort things out.
Question put and agreed to.
House adjourned.

Deferred Division

Electricity

That the draft Electricity and Gas (Energy Company Obligation) Order 2018, which was laid before this House on 19 July, be approved.
The House divided:
Ayes 304, Noes 203.

Question accordingly agreed to.